20: Convenção sobre a Obtenção de Provas no Estrangeiro em Matéria Civil ou Comercial

Entrada em vigor: 7-X-1972


Membros da Organização

África do Sul

África do Sul - autoridade competente (Art. 8)

Director-General
Department of Justice and Constitutional Development

Postal Address:
Private Bag X81
Pretoria, 0001
South Africa

Street Address:
Momentum Centre 
329 Pretorius Street (c/o Pretorius and Prinsloo Streets)
Pretoria
South Africa

Telephone: +27-12 3151111
Fax: +27-12 3151557
E-mail: njmakhubele@justice.gov.za
Internet: http://www.justice.gov.za
Contact person: Mr John Makhubele
Language of communication: English

(This page was last updated on 30 August 2010)

África do Sul - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Director-General
Department of Justice and Constitutional Development

Contact details:

Address: Director-General
Department of Justice and Constitutional Development
Private Bag X81
Pretoria
0001
South Africa
Street Address: Momentum Centre, 329 Pretorius Street (c/o Pretorius and Sisulu Streets), Pretoria, South Africa
Telephone: 0123151261
Fax:  
E-mail: MaLeso@justice.gov.za
General website: https://www.justice.gov.za/
Contact person: Mr Malesela Leso
Languages spoken by staff: English

 

Practical Information

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):

Accepts Letters of Requests written in or translated into English.

For the purposes of paragraph 4 of Article 4 of the Convention, a Letter of Request, if not in English, may also be sent to the Central Authority in any of the following languages: Sepedi, Sesotho, Setswana, Siswati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu.

Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
South Africa has not sought reimbursement of costs under Art. 14(2) and 26.
Time for execution: No information available.
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  Section 33 of the Supreme Court Act 59 of 1959.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Specific questions are required.
Is it a public or private hearing? Either public or private, it is in the magistrate's discretion.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes but a second request is necessary.
Are there sanctions for non-appearance of witness? If subpoenaed to appear in court, non-appearance amounts to contempt of court which carries a criminal sanction.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? Through stenographic means.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Not applicable.
Article 16 Not applicable.
Article 17 Applicable. See Competent Authority.
Article 18 Applicable. See Competent Authority.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements To consult bilateral and multilateral treaties to which South Africa is a party, see: http://www.dirco.gov.za/chiefstatelawadvicer/treatysection.html
Useful links: http://www.dirco.gov.za/
Competent authorities (Art. 8, 17, 18)  Art. 8: See here.
Art. 17, 18: See here.
Additional authorities (Art. 24)  

África do Sul - autoridade competente (Art. 17, 18)

The Republic of South Africa designates the division of the High Court of South Africa that has jurisdiction as the competent authority referred to in Articles 17 and 18 of the Convention.


Albânia

Albânia - Autoridade Central (Art. 2)

Central Authority(ies):

Ministry of Justice

Contact details:
Address: Ministry of Justice
Department of Foreign Jurisdictional Relations
Blv Zogu i I
TIRANA
Albania
Telephone: +355 42 230 247
Fax: +355 42 234 560
E-mail: foreigndepartcivil@drejtesia.gov.al
General website: http://www.drejtesia.gov.al
Contact person: Ms. Odeta Thengjilli,
Director
Email: Odeta.Thengjilli@drejtesia.gov.al
Ms. Diana Stillo SILA
Head of Sector
Email: Diana.Stillo@drejtesia.gov.al
Languages spoken by staff: English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires
Blocking statutes: None
Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority, before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in the language of the requesting State accompanied by a translation into in Albanian.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Albania may seek reimbursement of costs if execution requires additional costs or fees associated with the provision of legal assistance.
Time for execution: On average, approximately 6 months.
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (Full exclusion).
Information about domestic rules on the taking of evidence:  http://www.drejtesia.gov.al/legjislacion
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Yes, specific questions are required.
Is it a public or private hearing? Public hearing, as a rule. The law provides that some subjects be conducted in private hearings. The Judge may also determine that in light of the specific circumstances of the case, a private hearing is required.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No
Are documents produced by the witness authenticated by the court? Yes
Is an oath generally administered to the witness? Yes
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? Yes
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? The court makes a record of the witness' testimony.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Not applicable
Article 16 Not applicable
Article 17 Not applicable
Article 18 Not applicable
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links? No
Technology used: No information available
Level of interpretation required: As determined by the requested Court.
Simultaneous or in sequence interpretation: As determined by the requested Court.
Interpretation required in which jurisdiction? As determined by the requested Court.
Who pays for the interpretation? As determined by the requested Court.
How would a request for evidence be handled if witness not willing? As determined by the requested Court.
Chapter II
Are there legal obstacles to the use of video links? Not applicable
Technology used: Not applicable
Level of interpretation required: Not applicable
Simultaneous or in sequence interpretation: Not applicable
Interpretation required in which jurisdiction? Not applicable
Who pays for the interpretation? Not applicable
Bilateral or multilateral agreements 1. Bilateral Agreements onjudicial co-operation:
"Agreement between the Republic of Albania and the Republic of Bulgaria On mutual legal assistance in civil matters".2005
Agreement between the Republic of Albania and the Republic of Turkey for the assistance of mutual legal in civil, commercial and criminal matters 1995
Agreement between the Republic of Albania and the Republic of Macedonia for the assistance of mutual legal in civi,and criminal matters 1998
Treaty between the Republic of Albania and the Republic of Turkey for the assistance of mutual legal in civil, familiar and criminal matters 1960
Useful links: http://www.drejtesia.gov.al/legjislacioni

Alemanha

Alemanha - Autoridade Central (Art. 2, 24) e informações práticas

Central Authority(ies):

Letters of Request shall be addressed to the Central Authority of the Land in which the respective request is to be executed.
Please click here for the list of Central Authorities.
 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State (‘Land’, see list of Central Authorities).
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into German.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Germany seeks reimbursement of costs under Art. 14(2) especially as far as experts or interpreters are involved in the execution of the request. Reimbursement was sought in few other cases.
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: Approximately 6 months
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  See information available by the European Judicial Network on Civil and Commercial Matters on the e-Justice Portal: https://e-justice.europa.eu/content_taking_of_evidence-76-de-en.do?member=1

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? The majority of Central Authorities requires a list of questions, therefore it is advisable to provide a list of questions to be used during witness examination.
Is it a public or private hearing? There is no rule which requires that hearings conducted in judicial cooperation have to be public.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? German Central Authorities endeavour to execute Letters of Request containing objectionable questions or offensive wording. To this end, they delete or rephrase certain passages after consulting with the requesting authority. However, Central Authorities will not execute Letters of Request if a certain threshold of objectionable questions or offensive wording is exceeded.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? In practice, witnesses are sworn in only in exceptional circumstances.
Can the witness be made subject to further examination and recall? Yes, but a second request is necessary.
Are there sanctions for non-appearance of witness? Yes. Pursuant to Section 380 of the German Code of Civil Procedure (ZPO), the witness may be charged for the costs caused by his failure to attend. A disciplinary fine may also be imposed on him. When the decision imposing the fine is unenforceable, confinement for contempt of court may be imposed.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? A record is made of the taking of evidence pursuant to Sections 159 et seq. of the German Code of Civil Procedure (ZPO).

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable. The taking of evidence by diplomatic officers or consular agents is not permissible in its territory if German nationals are involved.
Article 16 Applicable. The taking of evidence by diplomatic officers or consular agents is not permissible in its territory if German nationals are involved. A permission is always necessary: See conditions and competent authority.
Article 17 Applicable, permission always necessary: See conditions and competent authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements

Supplementary agreements to the Hague Convention of 17 July 1905 and/or of 1 March 1954 were concluded with:  Norway (1977) and Switzerland (1910).

Bilateral conventions on judicial co-operation:  United Kingdom (1928) insofar as it also applies to States other than the United Kingdom e.g., Australia, the BahamasCanada,  Malaysia and New ZealandMorocco (1985), Tunisia (1966).

Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast) as soon as it becomes applicable.

Useful links: Federal Office of Justice (in German only)
Internationale Rechtshilfe online (in German only).
E-justice Portal
Competent authorities (Art. 8, 16, 17) See here.
Additional authorities (Art. 24)  

Alemanha - Autoridade competente (Art. 8, 16, 17)

The Central Authorities (please click here for the list of Central Authorities)


Andorra

Andorra - Autoridade Central (Art. 2)

Ministère de la Justice et de l’Intérieur
Service des relations juridiques internationales et de la coopération
Gouvernement d’Andorre
Bâtiment administratif de l’Obac
Crta. De l’Obac s/n
AD700 – Escaldes-Engordany
Principauté d’Andorre
Tel. : +376 872 080
E-mail: cooperacio_internacional_MJI@govern.ad

Andorra - autoridade competente (Art. 8)

Ministère de la Justice et de l’Intérieur
Service des relations juridiques internationales et de la coopération
Gouvernement d’Andorre
Bâtiment administratif de l’Obac
Crta. De l’Obac s/n
AD700 – Escaldes-Engordany
Principauté d’Andorre
Tel. : +376 872 080
E-mail: cooperacio_internacional_MJI@govern.ad


Argentina

Argentina - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministerio de Relaciones Exteriores y Culto
(Ministry of Foreign Affairs and Worship)

 

Contact details:

Address: International Legal Assistance Department
Office of the Legal Advisor
Ministry of Foreign Affairs and Worship
Esmeralda 1212, 4th floor, Of. 402
Ciudad Autónoma de Buenos Aires
Argentina
Telephone: +54 (11) 4819 7385
Fax: +54 (11) 4819 7353
E-mail: dajin@mrecic.gov.ar
General website: www.mrecic.gov.ar  
Contact person: Flavia Graciela AMOROSO
Director of the International Legal Assistance Department
Languages spoken by staff: Spanish, English, Portuguese

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into Spanish.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Argentina seeks reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: No information available.
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  Argentine Code of Civil and Commercial Procedure // Código Procesal Civil y Comercial de la Nación Articles 369-374.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Argentine law requires the Letter of Request to include specific questions that will be used during witness examination.
Is it a public or private hearing? Private hearing
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No, the Request will simply be rejected.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? The police power will take the witness to the hearing and he/she would be ordered to pay a pecuniary penalty up to $ 1.000 pesos.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The court makes a record of the witnesses' testimony.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Not applicable.
Article 16
Article 17
Article 18

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? It depends on the judge's appreciation.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? Not applicable.
Technology used: Not applicable.
Level of interpretation required: Not applicable.
Simultaneous or in sequence interpretation: Not applicable.
Interpretation required in which jurisdiction? Not applicable.
Who pays for the interpretation? Not applicable.
Bilateral or multilateral agreements Bilateral conventions on judicial co-operation: Brazil (1991) (Ley 24.108), France (1991) (Ley 24.107), Italy (1987) (Ley 23.720), the Russian Federation (2000) (Ley 25.595), Uruguay (1980) (Ley 22.410).

Multilateral or regional conventions on judicial co-operation:

  • Convención Interamericana sobre recepción de pruebas en el extranjero. (I Conferencia Internacional de Derecho Internacional Privado). Panamá, 30/01/1975. OEA.(Ley 23.481)
  • Protocolo Adicional a la Convención Interamericana sobre recepción de pruebas en el extranjero.(III Conferencia Internacional de Derecho Internacional Privado).La Paz, 25/05/1984. OEA. (Ley 24.037)
  • Convención Interamericana sobre exhortos o Cartas Rogatorias. (I Conferencia Internacional de Derecho Internacional Privado).Panamá, 30/01/1975. OEA. (Ley 23.503)
  • Protocolo Adicional a la Convención Interamericana sobre Exhortos y Cartas Rogatorias.Montevideo, 08/05/1979. OEA. (Ley 23.503)
  • Convención sobre prueba e información acerca del derecho extranjero.Montevideo, 08/05/1979. OEA. (Ley 23.506)
  • Protocolo de cooperación y asistencia jurisdiccional en materia civil, comercial, laboral y administrativa.Las Leñas, 27/06/1992. MERCOSUR. (Ley 24.578)
  • Acuerdo complementario al Protocolo de Cooperación y Asistencia Jurisdiccional en materia civil, comercial, laboral y administrativa. Asunción, 19/06/1997. MERCOSUR.(Ley 25.222)
  • Protocolo de cooperación y asistencia jurisdiccional en materia civil, comercial, laboral y administrativa.Las Leñas, 27/06/1992. MERCOSUR. (Ley 24.578)
  • Acuerdo complementario al Protocolo de Cooperación y Asistencia Jurisdiccional en materia civil, comercial, laboral y administrativa. Asunción, 19/06/1997. MERCOSUR. (Ley 25.222)
  • Tratado de Derecho Procesal Internacional. Montevideo, 19/03/1940. (Ley 7771) 
Useful links: -

Arménia

Arménia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice of the Republic of Armenia

Contact details:

Address: 0010
3/8 Vazgen Sargsyan street
Yerevan
Republic of Armenia
Telephone: +37410594 029
Fax:  
E-mail: info@moj.am, armenuhi.harutyunyan@moj.am
General website: www.moj.am
Contact person: Mrs. Armenuhi HARUTYUNYAN
Head of Department of Mutual Legal Assistance
Languages spoken by staff: Armenian, Russian, English 

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): In accordance with Article 8 of the Convention, Republic of Armenia declares that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request only with prior authorization by the competent authorities of the Republic of Armenia;
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration
Translation requirements
Arts 4(2) and 33):
Republic of Armenia excludes, in whole, the application of the provisions of paragraph 2 of Article 4 of the Convention.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
No declaration
Time for execution:  
Pre-trial discovery of documents
Art. 23):
The Republic of Armenia will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Preferable to include concrete questions.
Is it a public or private hearing? There is no rule which requires that hearings conducted in judicial cooperation have to be private, except when one of representatives will ask for it specifying the reason.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 the Republic of Armenia declares that a diplomatic officer or consular agent and commissioner authorized to take evidence under Articles 15, 16 or 17 may apply to the competent authority of the Republic of Armenia for appropriate assistance to obtain testimony by compulsion; 
Article 16 In accordance with Articles 16 and 17 of the Convention, Republic of Armenia declares that a diplomatic officer or consular agent and a person duly appointed as a commissioner may take the evidence in the territory of the Republic of Armenia without compulsion with prior permission by the competent authorities and on the conditions which competent authority has specified;
Article 17  
Article 18  

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Austrália

Austrália - autoridades adicionais (Art. 24)

the Registrars of the State and Territory Supreme Courts

Contact details:

For the jurisdiction of Victoria:
Supreme Court of Victoria
Principal Registry
210 William Street
Melbourne  VIC  3000
Australia
tel: +61 3 8600 2003
fax: +61 3 9603 9400

For the jurisdiction of New South Wales:
Supreme Court of New South Wales
GPO Box 3
Sydney  NSW  2001
Australia
email: sc.enquiries@justice.nsw.gov.au
tel: +61 (2) 9230 8111
fax: +61 (2) 9230 8628

For the jurisdiction of the Australian Capital Territory:
Supreme Court of the Australian Capital Territory
GPO Box 1548
Canberra  ACT  2601
Australia
tel: +61 (2) 6207 1203

For the jurisdiction of Queensland:
Supreme Court of Queensland
PO Box 15167
City East  QLD 4002
Australia
Civil Registry:
tel: +61 (7) 3328 4013
fax: +61 (7) 3738 7918
Criminal Registry:
tel: +61 (7) 3328 4013
fax: +61 (7) 3738 7918

For the jurisdiction of South Australia:
Supreme Court of South Australia
Civil and Criminal Registry
1 Gouger St
Adelaide  SA  5000
Australia
tel: +61 (8) 9204 0289
fax: +61 (8) 8212 7154
Criminal Registry:
Level 3, Sir Samuel Way Building
Victoria Square
Adelaide  SA  5000
tel: +61 (8) 8204 0484
fax: +61 (8) 8204 0543

For the jurisdiction of Tasmania:
Supreme Court of Tasmania
Salamanca Place
Hobart  TAS  7000
tel: +61 (3) 6233 3427
fax: +61 (3) 6233 7816

For the jurisdiction of Western Australia:
Supreme Court of Western Australia
David Malcolm Justice Centre
Level 11, 28 Barrack Street
PERTH Western Australia 6000
tel: +61 (8) 9421 5333
fax: +61 (8) 9221 4436

For the jurisdiction of the Northern Territory:
Supreme Court of the Northern Territory
GPO Box 3946
Darwin  NT  0801
Australia
tel: +61 (8) 8999 7953
fax: +61 (8) 8999 5446

Austrália - autoridade competente (Art. 15, 16)

The Assistant Secretary
Private International and Commercial Law Section
Australian Government
Attorney-General's Department
Robert Garran Offices
3-5 National Circuit
BARTON, ACT 2600
Australia
Language(s) of communication: English
Internet: www.ag.gov.au/pil

Contact person:

  • The Principal Legal Officer
    tel.: +61 (2) 6141 3332 (for voicemail messages)
    fax: +61 (2) 6141 5452
    email: pil@ag.gov.au

Austrália - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

the Secretary to the Attorney-General's Department of the Commonwealth of Australia

Contact details:
Address: Private International and Commercial Law Section
Australian Government
Attorney-General's Department
Robert Garran Offices
3-5 National Circuit
BARTON ACT 2600
Australia
Telephone: +61 2 6141 3332 (for voicemail messages)
E-mail: pil@ag.gov.au
General website: www.ag.gov.au
Contact person: The Principal Legal Officer
Languages spoken by staff: English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes: Yes, there are two blocking statutes:

Section 42 of the Foreign Evidence Act 1994 (Cth).

Section 7 of the Foreign Proceedings (Excess of Jurisdiction) Act 1984 (Cth).

Chapter I
(Letters of Requests)
Additional Information Required due to Impact of Coronavirus (COVID-19): The impact of COVID-19 on international postal delivery service is likely to result in significant delays for the processing of service or evidence requests by Australia’s Central Authority.
To mitigate the potential for delays, we ask that the Requesting Authority provide (i) a contact name, (ii) phone number, and (iii) email address for the Requesting Authority for any new evidence requests sent to the Australian Central Authority.
If these details are not provided, the Australian Central Authority’s ability to correspond with the Requesting authority will be limited, with timeframes for evidence requests likely to be significantly impacted.
Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Responsibility for informing the requesting authority of the time and execution of a Letter of Request depends on the State or Territory in question.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into English.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Australia seeks reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution:

In light of the current COVID-19 situation, the taking of evidence under the Hague Evidence Convention will likely be subject to delays.

For taking of evidence in Australia for foreign proceedings, the length of the delay will depend on the state or territory in which you are seeking to have evidence taken. In some circumstances, the relevant state or territory authority may seek to make alternative arrangements for taking of evidence by telephone or audio-visual link.

Please contact pil@ag.gov.au for further information.

Generally:
Typically the time taken to process a request is approximately six months, with some provision to expedite the process in appropriate circumstances.

Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion)
Information about domestic rules on the taking of evidence:  1. Commonwealth Legislation
Evidence Act 1995 (Cth), Foreign Evidence Act 1994 (Cth), Foreign Proceedings (Excess of Jurisdiction) Act 1984 (Cth).
2. State/Territory Legislation:
Evidence on Commission Act 1995 (NSW), Evidence (Miscellaneous Provisions) Act 1958 (VIC), Evidence Act 2008 (VIC), Evidence Act 1929 (SA), Evidence Act 1906 (WA), Evidence Act 2011 (ACT), Evidence Act 1977 (QLD), Evidence on Commission Act 1988 (QLD), Evidence Act 2001 (TAS), Evidence on Commission Act 2001 (TAS), Evidence Act (NT), Uniform Civil Procedure Rules 2005 (NSW), Supreme Court (General Civil Procedure) Rules 2015 (VIC), Supreme Court Act 1935 (SA), Supreme Court Civil Rules 2006 (SA), Rules of the Supreme Court 1971 (WA), Court Procedures Act 2004 (ACT), Court Procedures Rules 2006 (ACT), Uniform Civil Procedure Rules 1999 (QLD), Supreme Court Rules 2000 (TAS), Supreme Court Civil Procedure Act 1932 (TAS), Supreme Court Rules (NT).
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? The Australian Attorney-General's Department encourages parties preparing a Letter of Request to include specific questions to ensure the Letter of Request provides sufficient detail to be executed and avoid uncertainty.
In the New South Wales Supreme Court case of Pickles v Gratzon (2002) 55 NSWLR 533, the Court ruled that a Letter of Request need not disclose with reasonable particularity nature of evidence to be taken. However, a court will not execute a letter of request that is general and does not give sufficient detail to know what specific information is required.
In practice, if counsel expect to appear in the Australian court to cross-examine the witness, it may be appropriate to provide a list of matters only.

It should also be noted that to avoid uncertainty and facilitate the expeditious progress of requests seeking socio-economic information from a witness in Australia, the letter of request should provide:

• the name and physical address by which the witness is able to be subpoenaed by the court; and

• as noted above, the letter of request must provide sufficient detail to know what specific information is required from the witness. A court will not execute a letter of request that is general.

Is it a public or private hearing? Generally, Chapter I hearings are public although the executing court may order that the hearing be closed. Examinations conducted other than by an officer of a Court are more likely to be conducted in private.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes. The response of the judicial authorities to an unclear or objectionable Letter of Request will depend on the request in question. The questions may be rephrased to rectify defaults in translation, and objectionable questions may be rephrased or omitted if the request is otherwise acceptable. Furthermore, the Attorney-General's Department regularly seeks clarification on requests from the foreign authorities prior to forwarding a Letter of Request to the relevant State or Territory.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Generally, the witness is provided in advance with a copy of the questions / matters to be addressed. However, this may not occur where there is a special request not to provide the witness with a copy of the questions / matters prior to examination and the Court makes an order to this effect.
Are documents produced by the witness authenticated by the court? There is no requirement under Australian law to authenticate documents produced by a witness in an Australian court. However, on request, some states may be able to provide the Requesting Court with a certificate issued by the Registrar of the Supreme Court that certifies that documents annexed to the certificate have been produced by the witness.
Is an oath generally administered to the witness? Yes. Witnesses are given the choice between taking an oath or making an affirmation, the latter being devoid of any religious significance.
Can the witness be made subject to further examination and recall? Yes. First Request may be re-invoked - if the Australian Court so orders, but it is more likely that a further request would be made.
Are there sanctions for non-appearance of witness? Under domestic legislation, a court can issue a subpoena requiring a witness to appear before the court to execute a Letter of Request. Failure to comply with the subpoena without a lawful excuse is a contempt of court and the witness may be arrested or charged with contempt of court.
Must interpreters who assist with the witness examination be court-certified? In Australia, the relevant court must be satisfied that the interpreter has the qualifications necessary for the task. In addition, interpreters are required to take an oath or make an affirmation before the court.
How is the testimony transcribed? In general, testimony is recorded by electronic means and then manually transcribed. Court Reporters can also use computerised stenograph machines to translate shorthand outlines into transcript. The document is then certified by the examiner as being a true and correct transcript of the evidence taken.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable. See Competent Authority.
Article 16 Applicable. See Competent Authority.
Article 17 Applicable. No Competent Authority has been designated. However, in practice such requests are considered by the Secretary of the Commonwealth Attorney-General's Department, consistent with the process for Art 15 and 16.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links? No. There appears to be some uncertainty as to whether the procedures under the Hague Evidence Convention provide for the ability to take video-link evidence. Australia considers that the Hague Convention makes no specific provision for the taking of evidence by video-link. Notwithstanding, Australia considers that there are no legal obstacles to the usage of modern technologies under the Convention.
Australia further notes that the private international law issues that may arise as a result of video-link evidence are not all addressed by the Convention.
Technology used: Generally, Australian courts may use a broad range of technologies, depending on the case in question, to execute a Letter of Request using video-link. For example, the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) defines video-link as "facilities that enable audio and visual communication between persons at different places" and enables the New South Wales Supreme Court to use any technology that falls within that definition to take video-link evidence.

Requests for video-links are treated by the State of New South Wales as being requests under Article 9 of the Convention for use of a special procedure and, accordingly, the New South Wales authorities seek to be reimbursed for costs occasioned by the use of the video-link under Article 14. A special order from the Supreme Court of New South Wales must be obtained for a video-link and that as such use of a video-link cannot be guaranteed. 

Level of interpretation required: Professional accredited interpreters required.
Simultaneous or in sequence interpretation: No preference has been indicated.
Interpretation required in which jurisdiction? The requested State.
Who pays for the interpretation? If an interpreter is located in the other State, that State may apportion the costs of the service as it deems appropriate. For an interpreter located in Australia, the Australian authority will seek reimbursement from the foreign authority for the costs of the service (in accordance with Art 14) - the foreign authority may apportion the costs as it deems appropriate.
How would a request for evidence be handled if witness not willing? Under domestic legislation Australian courts can compel witnesses to give evidence using video-link technology. For example, the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) provides that a New South Wales court may, on its own motion or on the application of a party, direct that a party (whether or not a party to the proceeding) give evidence or make a submission to the court by video-link. Where the witness opposes the making of such a direction, the court must not make the direction unless the party making the application satisfies the court that it is in the interests of the administration of justice for the court to do so.
However, Australia will not compel a person to appear via video-link in a foreign court. In such situations, the evidence would need to be taken by the Australian court through the standard Letter of Request process - however, the court might allow video link to be used for some other purpose, such as to allow counsel or parties to appear at the hearing - this would be decided on a case by case basis.
Chapter II
Are there legal obstacles to the use of video links? No. Australia considers that Chapter II of the Hague Convention makes no specific provision for the taking of evidence by video-link. Notwithstanding, Australia considers that there are no legal obstacles to the usage of modern technologies under the Convention.
Australia further notes that the private international law issues that may arise as a result of video-link evidence are not all addressed by the Convention.
Technology used: None of the requests received by Australia under Chapter II have requested the use of video link technology. 
Level of interpretation required: Same as above.
Simultaneous or in sequence interpretation: Same as above. 
Interpretation required in which jurisdiction? Same as above.
Who pays for the interpretation? Same as above.
Bilateral or multilateral agreements

Bilateral Conventions on judicial co-operation: Republic of Korea [2000] ATS 5 and Thailand [1998] ATS 18.

The Conventions entered between the United Kingdom and the following States are also applicable to Australia: Austria [1933] (ATS 1), Belgium [1928] ATS 1, Denmark [1935] ATS 2, Estonia [1933] ATS 3, Finland [1935] ATS 3, France [1928] ATS 2, Germany [1933] ATS 4, Greece [1938] ATS 1, Hungary [1937] ATS 1, Iraq [1937] ATS 2, Italy [1933] ATS 5, Lithuania [1937] ATS 3, Netherlands [1935] ATS 4, Norway [1933] ATS 6, Poland [1933] ATS 7, Portugal [1933] ATS 8, Spain [1933] ATS 9, Sweden [1933] ATS 10, Turkey [1935] ATS 5.

Useful links: http://www.ag.gov.au/pil (Attorney-General's Department website - Private international law)

Belarus

Belarus - autoridade competente (Art. 8, 16, 17, 18)

Supreme Court of the Republic of Belarus
Lenina Street, 28 
220030 Minsk
Republic of Belarus
Telephone: 8-10-375-17-226-12-06
E-mail: supreme@court.by
Website: http://www.court.by 

(This page was last updated on 18 February 2016)

Belarus - Autoridade Central (Art. 2)

Ministry of Justice
ul. Kollektornaya 10
220048 MINSK
Republic of Belarus
tel./fax: +375 (17) 200 9684


Bósnia e Herzegovina

Bósnia e Herzegovina - Autoridade Central e informações práticas

Central Authority(ies):

the Ministry of Justice of the Republic of Bosnia and Herzegovina

Contact details:
Address: Ministry of Justice of the Republic of Bosnia and Herzegovina
Trg Bosne i Hercegovine 1
71000 SARAJEVO
Bosnia and Herzegovina
Telephone: +387 (33) 281 560
Fax: +387 (33) 201 653
E-mail: selma.music@mpr.gov.ba
General website: http://www.mpr.gov.ba/
Contact person: Mrs Selma Music
Languages spoken by staff: English

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes: No blocking statutes.
Chapter I
(Letters of Requests)
 
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration.
Translation requirements (Arts 4(2) and 33):  No declaration.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Bosnia and Herzegovina seeks reimbursement of costs under Art. 14(2).

There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution: No information available.
Art 23 pre-trial discovery of documents: No declaration.
Information about domestic rules on the taking of evidence: 

Civile Procedure Code of Federation of Bosnia and Herzegovina
Civile Procedure Code of Republika Srpska
Civile Procedure Code of Brcko District of Bosnia and Herzegovina

All available in Bosnian, Croatian and Serbian language.

Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? There is no legal provision that requires specific questions to be included in the Letter of Request.
Is it a public or private hearing? Public hearing. Unless, it would endanger State, business or personal secret, interests of the minors, morality or an interest of the public order.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No information available.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? No.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? According to Article 410 of the Civil Procedure Code of Federation of B&H, Civil Procedure Code of Republika Srpska and Article 183 of the Civil Procedure Code of Brcko District of B&H : If a witness summoned to appear in court fails to appear without a reasonable excuse, or if he removes himself from the place where he should be questioned, without the court authorization, the court shall force him to appear and impose a fine thereon.
If a witness refuses to testify without reasonable excuse, the court shall impose a fine thereon.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The testimony is transcribed to the Minutes of the Main court session.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable.
Articles 16 Applicable.
Articles 17 Applicable.
Articles 18 No declaration of applicability.
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  
Chapter II
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
Bilateral or multilateral agreements  
Useful links:  

(This page was last updated on 25 July 2014)


Brasil

Brasil - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: National Secretariat of Justice
Ministry of Justice and Public Security
Esplanada dos Ministérios, Anexo II, Sala 322
Cep: 70064-900
Brasília – DF, Brasil
Brazil
Telephone: +55 61 2025 8900
Fax: +55 61 2025 9395
E-mail: cooperacaocivil@mj.gov.br
General website: www.mj.gov.br
Contact person: Mrs. Priscila Santos Campelo Macorin
Director of the Department of Assets Recovery and International Legal Cooperation
Languages spoken by staff: Portuguese, English and Spanish

 

Practical Information

Blocking statutes: None

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority or the Ministry of Foreign Affairs before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in the language of the requesting State accompanied by a translation into Portuguese.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Brazil may seek reimbursement of costs if execution requires additional costs or fees associated with the provision of legal assistance.
Time for execution: On average, approximately 10 months.
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (Full exclusion).
Information about domestic rules on the taking of evidence:  http://www4.planalto.gov.br/legislacao

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Yes, specific questions are required.
Is it a public or private hearing? Public hearing, as a rule. The law provides that some subjects be conducted in private hearings. The Judge may also determine that in light of the specific circumstances of the case, a private hearing is required.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No
Are documents produced by the witness authenticated by the court? Yes
Is an oath generally administered to the witness? Yes
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? Yes 
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? The court makes a record of the witness' testimony.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Not applicable
Article 16 Not applicable
Article 17 Not applicable
Article 18 Not applicable

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No
Technology used: No information available
Level of interpretation required: As determined by the requested Court.
Simultaneous or in sequence interpretation: As determined by the requested Court.
Interpretation required in which jurisdiction? As determined by the requested Court.
Who pays for the interpretation? As determined by the requested Court.
How would a request for evidence be handled if witness not willing? As determined by the requested Court.

Chapter II

Are there legal obstacles to the use of video links? Not applicable
Technology used: Not applicable
Level of interpretation required: Not applicable
Simultaneous or in sequence interpretation: Not applicable
Interpretation required in which jurisdiction? Not applicable
Who pays for the interpretation? Not applicable

Other Information

Bilateral or multilateral agreements 1. Bilateral Agreements on judicial co-operation: Argentina (11 July 1968, 18 July 1995); Belgium (29 July 1957); France (12 September 2000); Italy (02 May 1995); Lebanon (19 February 2013); Netherlands (20 May 1964); Spain (3 July 1991); Uruguay (10 April 1996).2. Multilateral Agreements
• Convention on the Recovery Abroad of Maintenance (United Nations - New York/1956), Legislative Decree no. 56.826, 02-09-1965.
• Inter-American Convention on the International Return of Children (Montevideo/1989), Legislative Decree no. 1.212, 03-08-1994.
• Inter-American Convention on Letters Rogatory (Panama /1975), Legislative Decree no. 1.899, 09-05-1996.
• Inter-American Convention on Proof of and Information on Foreign Law (Montevideo/1979), Legislative Decree no. 1.925, 10-06-1996.
• Additional Protocol to the Inter-American Convention on Letters Rogatory (Montevideo/1979), Legislative Decree no. 2.022, 07-10-1996.
• Protocol on Jurisdictional Co-operation and Assistance in Civil, Commercial, Labor and Administrative Matters of MERCOSUR (Las Lemas/1992), Legislative Decree no. 2.067, 12-11-1996.
• Inter-American Convention on Support Obligations (Montevideo/1989), Legislative Decree no. 2.428, 17-12-1997.
• Protocol on Precautionary Measures (Ouro Preto/1994), Legislative Decree no. 2.626, 15-06-1998.
• Inter-American Convention on International Traffic in Minors (Mexico/1994), Legislative Decree no. 2.740, 20-08-1998.
• Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague/1993), Legislative Decree no. 3.087, 21-06-1999.
• Convention on the Civil Aspects of International Child Abduction (The Hague/1980), Legislative Decree no. 3.413, 14-04-2000.
• Agreement on the Benefit of Free Justice and Free Legal Assistance between Member-States of MERCOSUR, the Republic of Bolivia and the Republic of Chile, (Florianópolis/2000), Legislative Decree no. 6.679, 08-12-2008.
• Agreement on Co-operation and Jurisdictional Assistance in Civil, Commercial, Labor and Administrative Matters, between the Member-States of MERCOSUR, the Republic of Bolivia and the Republic of Chile, (Buenos Aires/2002), Legislative Decree no. 6.891, 02-07-2009.
Useful links: http://www.justica.gov.br/sua-protecao/cooperacao-internacional/cooperacao-juridica-internacional-em-materia-civil
http://www4.planalto.gov.br/legislacao
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Bulgária

Bulgária - autoridade competente (Art. 8)

the Ministry of Justice of the Republic of Bulgaria
1, Slavyanska Str.
SOFIA 1040
Bulgaria
Tel.: +359 (2) 923 7413
Fax: +359 (2) 980 9223
E-mail: pr@justice.government.bg
Website: http://www.justice.government.bg
Languages of communication: Bulgarian, English, French

Contact person:

  • Krasimir Voinov
    Tel.: +359 (2) 9237544

Bulgária - Autoridade Central e informações práticas

Central Authority(ies):

the Ministry of Justice of the Republic of Bulgaria

Contact details:

Address: 1, Slavyanska Str.
SOFIA 1040
Bulgaria
Telephone: +359 (2) 923 7576
Fax: +359 (8) 923 7546
E-mail: rosica.nikolova@justice.government.bg
General website: http://www.justice.government.bg
Contact person: Rositsa Nikolova
Languages spoken by staff:

English, French, German

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
Declaration of applicability
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into Bulgarian.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Bulgaria seeks reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: No information available.
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (full exclusion)
Information about domestic rules on the taking of evidence:  See European Judicial Network in Civil or Commercial Matters - Bulgaria.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? There is no law that requires specific questions to be included in the Letter of Request. However, it could be better if the courts include a list of specific questions.
Is it a public or private hearing? In general, the hearings are public, but the judge may, in a specific case, order to be conducted private hearings.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No, the Request will simply be rejected.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No, the witness is not provided in advance with a copy of the questions/matters.
Are documents produced by the witness authenticated by the court? No, they are not.
Is an oath generally administered to the witness? Yes.
Under Article 170 of the Bulgarian Civil Procedural Code:
"(1) Before the examination of a witness, the court shall establish the identity thereof, shall clarify the information as to whether the said witness may be interested, and shall remind the witness of the liability incurable under the law for perjury.
(2) The witness shall promise to tell the truth."
Can the witness be made subject to further examination and recall? Yes, the witness can be made subject to further examination and recall. The recall must be initiated through a second Letter of Request.
Are there sanctions for non-appearance of witness? Yes, according to Article 85 of the Bulgarian Code of Civil Procedure:
Witness, When Fined
Article 85. (1) If a witness summoned to appear in court fails to appear without reasonable excuse, the court shall impose a fine thereon and shall decree that the attendance of the said witness during the next succeeding hearing be compelled.
(2) If a witness refuses to testify without reasonable excuse, the court shall impose a fine thereon.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? Under Bulgarian law, the testimony is transcribed to the minutes of the court session.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Not applicable
Article 17 Not applicable
Article 18 Not applicable

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? Taking of evidence by video-link is not specially regulated. The taking of evidence is in general terms regulated in the Bulgarian Civil Procedural code.
Technology used: No information available. 
Level of interpretation required: No information available. 
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available. 
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? Not applicable.
Technology used: Not applicable.
Level of interpretation required: Not applicable.
Simultaneous or in sequence interpretation: Not applicable.
Interpretation required in which jurisdiction? Not applicable.
Who pays for the interpretation? Not applicable.

Other Information

Bilateral or multilateral agreements Bilateral conventions on judicial co-operation: Albania, Algeria, Armenia, Azerbaijan, Belarus, China, Cuba, Democratic People's Republic of Korea, Georgia, Kuwait, Mongolia, Syria, the Former Yugoslav Republic of Macedonia, Tunisia, Turkey, Ukraine, Union of Soviet Socialist Republics (former), Uzbekistan, Vietnam, Yemen and Yugoslavia (former).

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.
Useful links:  
Competent authorities (Art. 8) See here.
Additional authorities (Art. 24)  

Cazaquistão

Cazaquistão - Autoridade competente (Arts 15, 16, 17, 18)

The Republic of Kazakhstan designates the following Competent authority:

The Department for provision of courts' activity under the Supreme Court of the Republic of Kazakhstan (administrative office of the Supreme Court of the Republic of Kazakhstan), which is authorized to organize the issuance of permits to take the evidence without compulsion in accordance with Articles 15, 16, 17 of the Convention and to assist in obtaining the evidence by compulsion in accordance with Article 18 of the Convention.

Cazaquistão - Autoridade Central (Art. 2)

Central Authority(ies):

The Department for provision of courts' activity under the Supreme Court of the Republic of Kazakhstan
(administrative office of the Supreme Court of the Republic of Kazakhstan)

Contact details:

Address:  
Telephone:  
Fax:  
E-mail:  
General website:  
Contact person:  
Languages spoken by staff:  

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
 
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):  
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 
Translation requirements
Arts 4(2) and 33):
 
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
 
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?  
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15  
Article 16  
Article 17  
Article 18  

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 15, 16, 17, 18) See here.
Additional authorities (Art. 24)  

China

China (Macau) - outra autoridade (Art. 24)

Central Authority(ies):

The Procuratorate of the Macao Special Administrative Region
(The Other Authority as laid down in Article 24 of the Convention)

Contact details:

Address: Avenida do Dr. Rodrigo Rodrigues, no. 683, Edifício do Ministério Público, Macao
Telephone: 853-28727272
Fax: 853-28753231
E-mail: info@mp.gov.mo
General website: https://www.mp.gov.mo/en/standard/index.html
Contact person: Mr. Ng Meng Tai
Mr. Vu Ka Vai
Languages spoken by staff: Chinese and Portuguese

 

Practical Information

Blocking statutes:

Although there are no concrete blocking statutes in the legal system of the Macao Special Administrative Region (hereinafter referred to as the Macao SAR), national interests of the People's Republic of China (hereinafter referred to as the PRC) must be taken into account in the scope of requests for judicial cooperation, which is regarded as a fundamental principle.

Indeed, according to Law 3/2002 on the Notification Procedure of Requests within Mutual Legal Assistance, the Macao SAR shall inform the Central Government of the PRC when transmitting a mutual legal assistance request to authorities of States other than the PRC or when receiving such a request from these authorities, which implies that the sovereignty of State must be taken into consideration and is one of the decisive factors in refusing the execution of a request.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: The Procuratorate of the Macao SAR was designated as the Other Authority in the Macao SAR, which will undertake to receive Letters of Request coming from a judicial authority of another Contracting State and to transmit them to the authority competent to execute them (Please refer to the declaration made by the Government of the PRC under Article 24 in relation to the Macao SAR).
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the Letter of request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

This is not always necessary.

Requests for information, supply of documents or fulfilment of acts that do not demand, by their nature, the intervention of judicial personnel, are made directly to the public or private entities whose cooperation is requested, by formal letter or other means of communication (Article 126 (3) of the Macao Civil Procedure Code (hereinafter referred to as the CPC)).

Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
Persons that enjoy international protection enjoy the privileges and duties under international treaties applicable to the Macao SAR. (Article 525 (1) (i) of the CPC).
Translation requirements
Arts 4(2) and 33):
The Macao SAR will only accept Letters of Request in either Chinese or Portuguese, or those accompanied by a translation in either Chinese or Portuguese (Please refer to the declaration made by the Government of the PRC under Article 4(3) in relation to the Macao SAR).
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
The costs relating to execution of the Letters of Request are possibly charged on a case-by-case basis under the Macao SAR law.
Time for execution: Generally executed in 3-4 months.
Pre-trial discovery of documents
Art. 23):
The Macao SAR will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents known in Common Law countries (Please refer to the declaration made by the Government of the PRC under Article 23 in relation to the Macao SAR).
Information about domestic rules on the taking of evidence: 

The CPC mentioned above can be consulted online (both in Chinese and Portuguese) at:
http://bo.io.gov.mo/bo/i/99/40/codprocivcn/indice_art.asp and
http://bo.io.gov.mo/bo/i/99/40/codprocivpt/indice_art.asp.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Letters of Request are not required to include specific questions to be used during witness examination. As regards the testimony, the witness is questioned about the facts that have been articulated or contested by the party. In order to clarify or complete the testimony, the lawyer of the counter party may question the witness as to the facts that he/she testified (Article 539 of the CPC).

It should be mentioned that the Letter of Request, regarding the testimony of a witnesses residing outside the Macao SAR, shall indicate the facts about which the testimony is required (Article 524 (1) of the CPC).

Is it a public or private hearing? In general, the hearing is open to the public, unless the court by a reasoned order decides otherwise, to safeguard the dignity of persons and the good customs or to ensure the normal course of the hearing (Article 559 (1) of the CPC).
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Under the Macao SAR law, no provisions regarding this issue are provided. However, in practice, it is deemed that the court would appropriately “blue-pencil” requests if necessary, so that they can be executed and the course of the related proceedings can be facilitated.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No. Actually, the witnesses are not even permitted to prepare any written testimony (Article 539 (5) of the CPC, read together with its Article 485 (3)).
Are documents produced by the witness authenticated by the court?

No. The authentication of the documents produced in the court can be contested under Articles 469 and 471 of the CPC although such documents are not subject to authentication.

Moreover, if the document is intended to be produced as evidence in a court, and the judge has serious doubts concerning its authenticity or the authenticity of its recognition, legalization may be required, or if not required, the judge may freely appraise the legal value of the document, unless otherwise provided for (Article 358 of the Macao Civil Code).

Is an oath generally administered to the witness? Yes. Article 536 (1) of the CPC, read together with its Article 484.
Can the witness be made subject to further examination and recall? Yes. Witnesses can be made subject to supplementary interrogation conducted by the lawyer of the counter party (Article 539 (2) of the CPC).
Are there sanctions for non-appearance of witness? The court can order the witness who has been absent from the court without any appropriate reasons to appear [under custody] in the court, without prejudice of the fine applicable to the witness for his/her non-appearance (Article 530 (4) of the CPC).
Must interpreters who assist with the witness examination be court-certified? No. If the participants in the proceedings cannot communicate in any of the two official languages, Chinese or Portuguese, or if a deaf, a mute or a deaf-mute, who cannot read or write, has to give declaration in the proceedings, suitable interpreter should be designated, who must take an oath to perform his/her functions faithfully (Articles 89 and 91 of the CPC).
How is the testimony transcribed?

The depositions of parties or other interested persons, testimonies of witnesses, as well as information and explanations presented in the hearing are mandatory to be registered or written in several given situations (Articles 246, 331(4), 447 and 448 of the CPC).

The aforesaid register should be made with the use of audio-visual system (Article 449 of the CPC).

In some cases, the judge may allow for written testimony for persons specified under Article 525 of the CPC, or for witnesses for whom it is impossible or difficult to appear in court, after seeking opinions of the parties according to Article 540 of the CPC.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Not applicable (Please refer to the declaration made by the Government of the PRC under Article 33 in relation to the Macao SAR).
Article 17 Not applicable (Please refer to the declaration made by the Government of the PRC under Article 33 in relation to the Macao SAR).
Article 18 Not applicable (Please refer to the declaration made by the Government of the PRC under Article 33 in relation to the Macao SAR).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements No.
Useful links:

www.court.gov.mo/ (The official website of the Courts of the Macao SAR) (in Chinese and Portuguese only)

https://www.mp.gov.mo/en/standard/index.html (The official website of the Procuratorate of the Macao SAR) 

https://www.al.gov.mo/en/ (The official website of the Legislative Assembly of the Macao SAR)


https://www.io.gov.mo/ (The official website of the Printing Bureau of the Macao SAR Government) (in Chinese and Portuguese only)

Competent authorities (Art. 17) No information.
Additional authorities (Art. 24) The Procuratorate of the Macao SAR

China (Hong Kong) - autoridade competente (Art. 17)

Competent Authority:

Chief Secretary for Administration

Contact details:
Address: Chief Secretary for Administration
Hong Kong Special Administrative Region Government
Room 321, 3/F, East Wing
Central Government Offices
2 Tim Mei Avenue
Admiralty
Hong Kong, China
Telephone: +852 2810 3969
Fax: +852 2842 8897
E-mail: cso@cso.gov.hk
General website: http://www.cso.gov.hk/
Contact person: For information on contact persons, click here.
Languages spoken by staff: English, Chinese

China - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice of China
International Legal Cooperation Center (ILCC)
33, Pinganli Xidajie
Xicheng District
Beijing 100035
China
Telephone: +86 10 5560 4537
Fax: +86 10 5560 4538
E-mail: ivylee319@vip.sina.com
General website: http://en.moj.gov.cn/
Contact person: Ms Zhiying Li
Languages spoken by staff: Chinese, English

 

Practical Information

Blocking statutes:

A foreign embassy or consulate to the People's Republic of China may serve documents on and take evidence from its citizens but shall not violate the laws of the People's Republic of China and shall not take compulsory measures.

Except for the circumstances in the preceding paragraph, no foreign authority or individual shall, without permission from the competent authorities of the People's Republic of China, serve documents or take evidence within the territory of the People's Republic of China.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: With the exception of Beijing, Shanghai, Guangdong, Zhejiang and Jiangsu provinces, the request is forwarded firstly to the Ministry of Justice of the People's Republic of China, which in turn transfers the request to the central authority of the requested country. The higher people's courts of the above-mentioned five provinces transfer the request directly to the central authority of the requested country.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration.
Translation requirements
Arts 4(2) and 33):
In order to facilitate and expedite the execution of the request, the requesting country is strongly recommended to provide Chinese translations whenever possible.
 
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Normally no cost required to be reimbursed except for extraordinarily large costs relating to execution of the request.
Time for execution: 6-12 months.
Pre-trial discovery of documents
Art. 23):
Qualified exclusion. See declarations.
Information about domestic rules on the taking of evidence: 

CHAPTER VI Evidence

CHAPTER X Compulsory Measures Against Obstruction of Civil Proceedings

Part 4,Chapter 27 of the Civil Procedural Law of People`s Republic of China

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? A specific question list is preferred.
Is it a public or private hearing? In practice, it is usually not conducted in public.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Not necessary, but the judicial official who takes evidence will explain with him about the legal consequences for the act of perjury.
Can the witness be made subject to further examination and recall? It depends on the decision made by the judges from the requested counties.
Are there sanctions for non-appearance of witness? No.
Must interpreters who assist with the witness examination be court-certified? The interpreters should be provided by the qualified translation companies, or be accepted by all parties.
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Not applicable
Article 17 Not applicable
Article 18 Not applicable

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements 39 bilateral treaties on judicial assistance in civil matters between China and other countries.
Useful links:

Online treaty library: http://treaty.mfa.gov.cn/Treaty/web/index.jsp

China law library: https://flk.npc.gov.cn/

Competent authorities (Art. 17) N/A
Additional authorities (Art. 24) No.

China (Hong Kong) - outra autoridade (Art. 24) e informações práticas

Central Authority(ies):

Registrar of the High Court of the Hong Kong Special Administrative Region of the People's Republic of China

Contact details:

Address: Registrar of the High Court
38 Queensway
Hong Kong
China
Telephone: +852 2825 0380
Fax: +852 2825 4550
E-mail: enquiry@judiciary.hk
General website: https://www.judiciary.hk
Contact person: Ms T. Au
Languages spoken by staff: English, Chinese

 

Practical Information

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Chief Secretary for Administration before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Private agent of the parties or, in the absence of private agent, Law Officer (International Law).
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
In accordance with Articles 4 and 33 of the Convention, the Hong Kong Special Administrative Region will accept a Letter of Request in English but not a Letter of Request in the French language.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Hong Kong does not seek reimbursement of costs under Articles 14 and 26.
Time for execution: No information available.
Pre-trial discovery of documents
(Art. 23):
Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

The legislation below is available online at:
https://www.elegislation.gov.hk

- Part VIII of the Evidence Ordinance (Chapter 8 of the Laws of the Hong Kong Special Administrative Region)

- Order 70 and the specified rules under Order 39, Rules of the High Court (“RHC”) (Chapter 4A of the Laws of the Hong Kong Special Administrative Region).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? No such requirement is imposed for letters of request as such.  However, where private agents are not appointed in an incoming letter of request, it would be left to the Law Officer (International Law) to apply to the Court for execution and to arrange for the evidence to be taken (Order 70 rule 3 of the RHC).  Given that the Law Officer (International Law) is not party to the foreign legal proceedings, a list of specific questions is required in practice in order to facilitate the taking of evidence.  Furthermore, for outgoing requests, according to Order 39, rule 3 of the RHC (Chapter 4A of the Laws of the Hong Kong Special Administrative Region) (https://www.elegislation.gov.hk), if evidence is to be obtained by means of written questions, a copy of the interrogatories and cross-interrogatories must be lodged with the letter of request.
Is it a public or private hearing? Private hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes (see also O.70/1/24 and 25, Hong Kong Civil Procedure 2021).
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Yes.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes but a second request is necessary.
Are there sanctions for non-appearance of witness? A witness who fails to comply with the order for examination indorsed with penal memorandum will be liable to committal for contempt of court. See para. 70/4/8 Hong Kong Civil Procedure 2021 and Order 45 rule 5(1)(b)(iii) and rule 7(4) of the RHC.
Must interpreters who assist with the witness examination be court-certified? Yes (if the examination is conducted by court).
How is the testimony transcribed? In the form of a deposition or verbatim transcript.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Not applicable.
Article 17 Applicable.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 17) See here.
Additional authorities (Art. 24)  

Chipre

Chipre - autoridade competente (Art. 18)

the Supreme Court

Chipre - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice and Public Order

Contact details:

Address: Ministry of Justice and Public Order
125 Athalassas Avenue
1461 NICOSIA
Cyprus
Telephone: +357 (22) 805 951
Fax: +357 (22) 518 356
E-mail: registry@mjpo.gov.cy
General website:  
Contact person:  
Languages spoken by staff: Greek, English, French

 

Practical Information

Blocking statutes: No

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Presence of judicial personnel at the execution of the Letter of Request (Art. 8): The Republic of Cyprus declares that members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration.
Translation requirements
Arts 4(2) and 33):
The Republic of Cyprus will not accept a Letter of Request in French.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
The costs incurred under Art. 14(2) tend to be reimbursed by the requesting State. These vary depending on the nature and complexity of the testimony, the degree of difficulty of the language to be translated, the length of the examination and the set fees of the expert or translator (if not a Court translator) in question.
The Art. 14(3) procedure is not followed by the competent authorities in Cyprus.
Furthermore, no costs arise in relation to Art. 26.
Time for execution: Usually 3 - 5 months
Pre-trial discovery of documents
Art. 23):
Qualified exclusion. See declarations.
Information about domestic rules on the taking of evidence:  Illegally adduced evidence cannot be relied upon by the Court.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Letters of request should preferably include specific questions.
Is it a public or private hearing? Private hearing
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? This is at the Judge's discretion.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? The witness is usually provided with general information as to the matter to be addressed and is requested to have any relevant documents at the Court's disposal.
Depending on the complexity of the case/ testimony, however, the witness might be provided with the specific questions in advance.
Are documents produced by the witness authenticated by the court? Yes
Is an oath generally administered to the witness? Yes
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? No
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? It is transcribed by a stenographer / shorthand typist.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 Applicable (subject to reciprocity)

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 16, 17) Art. 16, 17: See here.
Art 18: See here.
Additional authorities (Art. 24)  

Chipre - autoridade competente (Art. 16, 17)

the Ministry of Justice

Costa Rica

Costa Rica - Autoridade Central (Art. 2)

Central Authority(ies):

the Legal Directorate
at the Ministry of Foreign Affairs and Worship of the Republic of Costa Rica

Contact details:

Address: Ministry of Foreign Affairs and Worship
Legal Directorate
Telephone:  
Fax:  
E-mail:  
General website:  
Contact person:

Natalia Córdoba Ulate
Directora, Dirección Jurídica
Teléfono: (506) 2539-5527
ncordoba@rree.go.cr

Lourdes Isabel Bravo Bolivar
Encargada, Cooperación Jurídica, Dirección Jurídica
Teléfono: (506) 2539-5335
Ibravo@rree.go.cr

Katherine Contreras
Secretaria, Dirección Jurídica
Teléfono: (506) 2539-5447
kcontreras@rree.go.cr

Languages spoken by staff: Spanish

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
 
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):  
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 
Translation requirements
Arts 4(2) and 33):
 
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
 
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?  
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15  
Article 16  
Article 17  
Article 18  

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Croácia

Croácia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice and Public Administration

Contact details:

Address: Ministry of Justice and Public Administration
Service for International Legal Assistance and Judicial Cooperation in Civil Matters
Ulica Grada Vukovara 49
10 000 Zagreb
Croatia
Telephone: +385(1) 3714 558
Fax: +385(1) 3714 559
E-mail: europska.unija@mpu.hr
General website: https://mpu.gov.hr/
Contact person: Mr Lovro Balaša
Ms Dragana Milunić Pakozdi
Languages spoken by staff: Croatian, English

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Republic of Croatia declares that the judicial personnel of the requesting State may be present at the execution of a Letter of Request, with the prior authorisation of the Ministry of Justice and Administration of the Republic of Croatia.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration.
Translation requirements
Arts 4(2) and 33):
Not applicable. See declarations.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution: 2- 4 months
Pre-trial discovery of documents
Art. 23):
Full exclusion.
Information about domestic rules on the taking of evidence:  Civil Procedure Act

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Letters of Request should include specific questions.
Is it a public or private hearing? In general, it is a public hearing. According to Art 307. of the Civil Procedure Act the court may exclude the public during the whole trial or during one part of the trial if this is required in the interests of morality, public order or state security, or to guard military, official or business secrets, or for the protection of the private life of the parties, but only to the extent which in the opinion of the court would be unconditionally necessary in special circumstances in which the public could be harmful to the interests of justice. The court may also exclude the public if the measures for maintenance of order provided for by this Act are not sufficient to ensure an undisturbed course of the trial.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No
Are documents produced by the witness authenticated by the court? No
Is an oath generally administered to the witness? No
Can the witness be made subject to further examination and recall? No
Are there sanctions for non-appearance of witness? No
Must interpreters who assist with the witness examination be court-certified? No
How is the testimony transcribed? Testimony is transcribed in minutes containing statements of witnesses or parties.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Not applicable
Article 17 Applicable
Article 18 Not applicable

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements

Bilateral agreements on mutual legal assistance in civil matters: Bosnia & Herzegovina (Split, 26 February 1996 and Split,17 June 2002); North Macedonia (Skopje, 2 September 1994); Russian Federation (Moscow, 24 February 1962); Serbia (Belgrade, 15 September 1997); Turkey (Ankara, 10 February1999). 

Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matter

Useful links:  
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Dinamarca

Dinamarca - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

 

Contact details:

Address: Ministry of Justice
Procedural Law Division 
Slotsholmsgade 10
1216 COPENHAGEN K
Denmark
Telephone: +45 7226 8400 
Fax: +45 3393 3510 
E-mail: jm@jm.dk 
General website: http://www.jm.dk/ 
Contact person: -
Languages spoken by staff: Danish, English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33): 

Letters of Request may be sent in Norwegian and Swedish, and Denmark accepts no obligation to return evidence taken in other languages than Danish.

Denmark will not accept Letters of Request which are sent in French in accordance with Art. 4(2) of the Evidence Convention.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): No information available.
Time for execution: No information available.
Art 23 pre-trial discovery of documents: Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence:  Danish Legal Information (the database is in Danish only).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? No information available.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No information available.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No information available.
Are documents produced by the witness authenticated by the court? No information available.
Is an oath generally administered to the witness? No.
Can the witness be made subject to further examination and recall? No information available.
Are there sanctions for non-appearance of witness? Depending on the circumstances, a fine or having the person sought and retained by the police would be the most likely sanctions for a non-appearing witness in a civil or commercial case. 
Must interpreters who assist with the witness examination be court-certified? No.
How is the testimony transcribed? According to Danish law and practice the judge is responsible for transcribing the testimonies during a case. For example the judge can transcribe the testimony himself, he can use a Dictaphone or he can entrust the transcription to the personnel that carries out the minutes of the court session. However, the judge is always responsible for the substance of the minutes regardless of his choice of transcription.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable. See Competent Authority.
Article 16 Applicable. See Competent Authority.
Article 17 Not applicable
Article 18 Not applicable

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? The Danish Ministry of Justice is unable at this time to provide an assessment of what the legal basis under the Convention for the taking of evidence by video-link might be.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available. 
Interpretation required in which jurisdiction? No information available. 
Who pays for the interpretation? No information available. 
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? The Danish Ministry of Justice is unable at this time to provide an assessment of what the legal basis under the Convention for the taking of evidence by video-link might be.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements

  

Useful links:  

(This page was last updated on 7 March 2014)

Dinamarca - autoridade competente (Art. 15, 16)

Ministry of Justice
Civil Law Division  
Slotsholmsgade 10
1216 COPENHAGEN K
Denmark 
Telephone: +45 7226 8400 
Fax: +45 3393 3510 
E-mail: jm@jm.dk 
Website: www.jm.dk 
Language(s) of communication: Danish, English. 

(This page was last updated on 12 August 2010)


Eslováquia

Eslováquia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Department of Private International Law
Ministry of Justice of the Slovak Republic

Contact details:

Address: Račianska 71
813 11 Bratislava
Slovakia
Telephone: +421 2 88891358
Fax: +421 2 88891 605 
E-mail: civil.inter.coop@justice.sk
General website: http://www.justice.gov.sk/
Contact person: Soňa Gálová (Ms), Martina Kállayová (Ms)
Languages spoken by staff: Slovak, Czech, English

 

Practical Information

Blocking statutes: Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State. 
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into Slovak, Czech, French and English.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Slovakia has not sought any reimbursement of costs under Arts 14(2).

There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26). 
Time for execution: 2-4 months
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed (no declaration).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Slovakia

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? It is not mandatory to include specific questions to the Letter of Request, nevertheless we prefer if the specific questions are included.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? No.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? In the national court cases the witness can be fined up to 500,- EUR.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? A report is written and it is signed by the witness.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable (no permission required subject to reciprocity). Where permission required, see competent authority.
Article 17 Applicable. See competent authority.
Article 18 Applicable subject to reciprocity. See competent authority.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements To consult bilateral and multilateral treaties to which Slovakia is a party, click here.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
Useful links:  
Competent authorities (Art. 16, 17, 18)  See here.
Additional authorities (Art. 24)  

Eslováquia - autoridade competente (Art. 16, 17, 18)

Ministerstvo spravodlivosti Slovenskej republiky
(Ministry of Justice of the Slovak Republic)
Odbor medzinárodného práva súkromného a procesného
(Private International Law Division)
Račianska 71
813 11 BRATISLAVA
Slovakia
Email: civil.inter.coop@justice.sk

Contact persons:

  • Soňa Gálová
    phone : + 421 2 88891358
    (languages of communication: English)
  • Martina Kállayová
    phone: + 421 2 88891425
    (languages of communication: English)

Eslovénia

Eslovénia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice of the Republic of Slovenia
Župančičeva 3
1000 LJUBLJANA
Telephone: +386 (1) 369 5394
Fax: +386 (1) 369 5233
E-mail: gp.mp@gov.si
General website: https://www.gov.si/drzavni-organi/ministrstva/ministrstvo-za-pravosodje/
Contact person: mag. Špela Štebal Renčelj, Head of Department for Mutual Legal Assistance
Languages spoken by staff: English, German, French

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1))

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State. Slovenian Central Authority sends the request to the competent district court.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration.
Translation requirements
Arts 4(2) and 33):
No declaration.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution: usually up to three months (depending on the complexity of the request)
Pre-trial discovery of documents
Art. 23):
No declaration.
Information about domestic rules on the taking of evidence:  Chapter 18 (Articles 212-263) of the Slovenian Civil Procedure Act - CPA (Zakon o pravdnem postopku); http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1212

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Article 87 of the Court Rules (Sodni red) prescribes that outgoing requests should include specific questions for the witness; however it is useful if this is respected also in the case of incoming requests.
Is it a public or private hearing? Generally main hearings are public, in some cases can the public be excluded from the main hearing (where so required by the interest of official, business or personal secrets, or for moral considerations, when by application of measures for maintenance of order it cannot secure an undisturbed progress of the proceedings (Art. 294 CPA), always in matrimonial actions and in actions concerning the relations between parents and children (Art. 43 of the Non-Contentious Civil Procedure Act).
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? No. Prior to examination, a witness shall be advised of their duty to speak the truth and not to withhold anything, whereupon they shall be warned of the consequences of perjury (Art. 238 CPA).
Can the witness be made subject to further examination and recall? Yes.
Are there sanctions for non-appearance of witness? Yes. If a witness who has been duly summoned fails to appear without justifying their non-appearance, or if they leave the place of appearance without permission or other justified reasons, they may be subjected to a compulsory appearance, ordered to pay the costs of production, and/or have a fine imposed upon them in the amount not exceeding up to €1300 (Art. 241 CPA).
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? During the testimony of the witness the minutes is taken down or the testimony is recorded, and the written transcription of the testimony is made later.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 No declaration of applicability

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Algeria (31 March 1982); Bosnia and Herzegovina (21 September 2009); Croatia (7 February 1994); Republic of North Macedonia (6 February 1996); Mongolia (8 June 1961); Russian federation (24 February 1962); Turkey (3 July 1934); United Kingdom (27 February 1936 - applicability extended to Australia, the Bahamas, Barbados, Bermuda, Borneo, Sri Lanka, Honduras, Fiji, Falkland Islands, Gambia, Gibraltar, Hong Kong, Jamaica, Canada, Kenya, Malta, Mauritius, Nigeria, Papua New Guinea, New Zealand, Uganda, Tonga, Somalia, Seychelles).

Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:

http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1212

http://www.pisrs.si/Pis.web/pravniRedRSDrzavniNivoKazalaTematskoKazaloPredpis?pog1=2&pog2=2&pog3=2&pog4=0&treeId=89

Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Espanha

Espanha - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Subdirección General de Cooperación Jurídica Internacional 
Ministry of Justice
 

Contact details:
Address: Subdirección General de Cooperación Jurídica Internacional 
Ministry of Justice
Calle San Bernardo Nº 62
28071 Madrid
Spain
Telephone: +34 (91) 390 23 86 / 44 11
Fax: +34 (91) 390 2475 / +34 (91) 390 4457 
E-mail: laura.fernandez@mjusticia.es
silvia.villa@mjusticia.es
General website: http://www.mjusticia.es/
Contact person: Ms Laura Fernández Domínguez
Ms Silvia Villa Albertini
Languages spoken by staff: Spanish, English, French 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes: Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into Spanish.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Spain has sought reimbursement of costs under Art. 26.
Time for execution: Between 2 and 6 months approximately.
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Spain
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Specific questions are required.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes but a second request is necessary.
Are there sanctions for non-appearance of witness? According to Section 292 of the Civil Procedural Law, the non-appearance of a witness is punished with a fine of 180 to 600 €.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? A civil servant of the Court transcribes the testimony.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable.
Article 16 Applicable. The evidence may be taken, without prior permission of the Spanish Authority, in the premises of the diplomatic or consular representation of the requesting State.
Article 17 Applicable. The evidence may be taken, without prior permission of the Spanish Authority, in the premises of the diplomatic or consular representation of the requesting State.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links? No. Spain bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies and on the basis of domestic legislation.
Technology used: Webcam connection over the internet.
Level of interpretation required: The interpretation is done by the parties or their counsel.
Simultaneous or in sequence interpretation: Sequence interpretation.
Interpretation required in which jurisdiction? Interpretation only required on the requested State.
Who pays for the interpretation? The requesting party.
How would a request for evidence be handled if witness not willing? If the witness is not willing to give evidence using video-link, the Letter of Request is not executed in this way.
Chapter II
Are there legal obstacles to the use of video links? No information available.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements To consult bilateral and multilateral treaties to which Spain is a party, see Boletín Oficial del Estado and www.prontuario.org/.

Bilateral conventions on judicial co-operation: Brazil, China, Dominican Republic, Morocco, Russian Federation, Thailand, Tunisia, Uruguay.

Multilateral conventions on judicial co-operation: Inter-American Convention on Letters Rogatory (Panama City, 13 January 1975) [OAS]

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on co-operation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links: Consejo General del Poder Judicial
Prontuario Auxilio Judicial Internacional - Guide to International Judicial Co-operation in Spain (Ministry of Justice)

(This page was last updated on 29 July 2014)

Espanha - autoridade competente (Art. 8)

Ministerio de Justicia
Subdirección General de Cooperación Jurídica Internacional 
Área de Auxilio judicial Civil
C/San Bernardo Nº 62
28071 Madrid
Spain

E-mail: rogatoriascivil@mjusticia.es
Website: http://www.mjusticia.es/
Languages of communication: Spanish, English, French


Estados Unidos da América

Estados Unidos da América - autoridade competente (Art. 18)

The United States district court of the district in which a person resides or is found.

Estados Unidos da América - autoridade competente (Art. 8)

U.S. Department of Justice
Civil Division
Office of International Judicial Assistance
Benjamin Franklin Station
P.O. Box 14360
Washington, D.C. 20004
United States of America
Telephone: +1 (202) 514 6700
Fax:  +1 (202) 514 6584 
E-mail: OIJA@usdoj.gov
Internet: http://www.justice.gov/civil/common/oija/oija.html
Language of communication: English
Contact person: Ms Jeanne Davidson, Director

(This page was last updated on 24 April 2014)

Estados Unidos da América - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

U.S. Department of Justice

Contact details:

Address: Office of International Judicial Assistance
U.S. Department of Justice
1100 L Street, NW, Room 8102
Washington, D.C. 20005
United States of America
Telephone: +1 (202) 514-6700
Fax:  
E-mail: OIJA@usdoj.gov
General website: https://www.justice.gov/civil/office-international-judicial-assistance-0
Contact person: Ms. Jeanne Davidson, Director
Ms. Katerina V. Ossenova, Senior Trial Counsel
(Katerina.V.Ossenova@usdoj.gov)
Languages spoken by staff: English

 

Practical Information

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the United States to the Central Authority of the requested State. The U.S. Central Authority does not process, review, or transmit Letters of Request for the collection of evidence in a foreign State in private U.S. litigation matters, therefore outgoing Letters of Request are not transmitted through the U.S. Central Authority.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):

Generally, witness testimony is obtained through written interrogatories and therefore the U.S. Central Authority will be unable to notify the requesting authority of the date and time of the hearing as there will not be such a date. In the United States, evidence requested pursuant to the Convention is typically obtained by attorneys and formal hearings before a judge are not conducted to obtain testimony from witnesses.

If the requesting authority requires a deposition, the Letter of Request must: (1) clearly state that an official transcript of the testimony is needed; (2) provide assurances that the cost of the court reporter will be paid; and (3) provide contact information (preferably email) for the party responsible for paying the court reporter. In those situations, when asked by the requesting authority, the Central Authority can notify the requesting authority, parties to the proceedings, or their representatives of the time and place of the execution of the Letter of Request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See declaration and Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):

See declaration

The United States accepts Letters of Request written in or translated into English. The United States has agreed to accept Letters of Request in or translated into French. The United States wishes to point out that owing to the necessity of translating such documents into English, it will take the Central Authority longer to comply with a Letter of Request in or translated into French than with a similar request received in English.

The United States declares that it will also accept Letters of Request in Spanish for execution in the Commonwealth of Puerto Rico, however, the United States wishes to point out that owing to the necessity of translating such documents into English it will take the Central Authority longer to comply with a Letter of Request in or translated into Spanish than with a similar request received in English. 

The U.S. Central Authority may not be able to compel evidence for Letters of Request submitted in a language other than English, so such evidence may be obtained only on a voluntary basis.

Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):

Generally, the United States is able to execute requests without reimbursement. However, the United States may seek reimbursement for any third-party costs associated with obtaining the requested evidence. Most commonly, this involves fees for service of a subpoena, court reporter fees for a deposition, or laboratory fees for collection of a DNA sample. 

Where permissible and possible, our office will provide information on where to make the payment, so the foreign court or parties to the litigation can make the payment directly. We will endeavor to notify the foreign court of any expenses we anticipate will need to be paid ahead of time.

Time for execution: On average, approximately 2-3 months for evidence obtained on a voluntary basis. For evidence that needs to be compelled, the average time for execution is 3-6 months.
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed (no declaration).
Information about domestic rules on the taking of evidence: 

Please review our OIJA Evidence and Service Guidance available online at https://www.justice.gov/civil/evidence-requests (available in English, Spanish, Turkish, German, Portuguese, Polish, Arabic, and Hebrew). 

The Code of Federal Regulations names the Civil Division of the U.S. Department of Justice as the U.S. Central Authority for the Hague Evidence Convention. 28 C.F.R. § 0.49.

Under U.S. law, evidence may be obtained without submission of a formal request pursuant to the Hague Evidence Convention. 28 U.S.C. § 1782. It is permissible for a voluntary witness located in the United States to directly provide evidence to a foreign court. See 28 U.S.C. § 1782(b). Additionally, U.S. procedure allows an interested party to file a 28 U.S.C. § 1782(a) motion to request that a U.S. district court issue an order to compel a witness to provide evidence in aid of a foreign proceeding. See 28 U.S.C. § 1782(a). Neither of these options involve the U.S. Central Authority.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

The U.S. Central Authority strongly encourages the requesting authority to include a specific list of questions to ensure that the witness provides all relevant information that is sought. While the U.S. Central Authority will attempt to execute Letters of Request that do not include a specific list of questions, there is no guarantee that the responses elicited will satisfy the requesting authority. 

If specific questions are not included in the Letter of Request, a witness will be provided a copy of the Letter of Request and will be allowed to respond as they deem appropriate. The U.S. Central Authority will not provide any further guidance as to the type of response the witness should provide.

Is it a public or private hearing?

In the United States, evidence obtained pursuant to the Convention is generally not obtained in a courtroom or through a formal hearing before a judge. Requests are generally executed by obtaining written responses to interrogatories or collecting documents.

To the extent that a Letter of Request explicitly asks for a deposition, it is not typically private in the sense that it is not closed as a matter of law to non-parties. However, the deposition will be arranged privately by the Department of Justice attorney and the witness, or if appropriate, the witness's counsel, and the testimony is taken at a location selected by the Department of Justice, usually at the local U.S. Attorney’s Office. As a practical matter, there is seldom an opportunity for unrelated parties or individuals to be aware of such depositions or to otherwise attend. 

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes. As a general rule, the United States will execute Letters of Request using the English translation without making any changes or adjustments. However, in some circumstances, questions may be rephrased or restructured to assist the witness in better understanding the request. The United States also “blue pencils” Letters of Request that seek testimony on attachments or exhibits that are not included with the Letter of Request. In such situations, the United States will proceed with executing the Letter of Request, with the exception of any questions relating to the missing documents. 

Additionally, if a portion of the Letter of Request is not executable pursuant to U.S. law, the United States will return that portion to the requesting authority unexecuted and proceed with executing the remainder of the Letter of Request.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Witness testimony is usually obtained through written interrogatories, whereby the witness is provided with a cover letter from the U.S. Department of Justice, an affidavit with the questions, the Letter of Request, and is then asked to complete the affidavit and sign the last page before a notary. To the extent that the request affirmatively asks for a deposition and provides all required information, there is no law within the United States that requires or prohibits Department of Justice lawyers from sharing the questions/matters to be addressed with the witness in advance. It is within the discretion of the assigned Department of Justice attorney to provide the witness with a copy of the Letter of Request or the questions in advance, if deemed appropriate.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? If the testimony is provided through an affidavit, generally the affidavit will be signed by the witness and notarized. If the testimony is provided in a deposition, the court reporter will administer the oath. However, there is no requirement under U.S. law that either approach be used, and responsive testimony can be provided without an oath or notarized affidavit.
Can the witness be made subject to further examination and recall? Yes. Other than as provided by certain time duration limitations set by the Federal Rules of Civil Procedure, there is generally no prohibition under U.S. laws or procedures for a witness to be made subject to subsequent examination, if the testimony has not been completed or all questions identified in the Letter of Request have not been answered by the conclusion of the first examination. However, if the basis for recall is a request by the requesting authority for additional testimony on new matters, a second Letter of Request will need to be submitted.
Are there sanctions for non-appearance of witness? Yes, civil contempt.
Must interpreters who assist with the witness examination be court-certified? No, there is no law or rule requiring certification of court interpreters.
How is the testimony transcribed? Witness testimony is usually obtained through written interrogatories. In limited circumstances, the testimony can be transcribed by a court reporter or by any other appropriate mechanism agreed upon by the parties.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. No prior permission is required.
Article 17 Applicable. No prior permission is required.
Article 18 Applicable. See competent authority.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? Yes. The United States does not permit the direct taking of evidence by video-link under Chapter I of the Convention. The United States permits the direct taking of evidence by video-link on a voluntary basis under Chapter II of the Convention, but such arrangements must be agreed upon privately and do not involve the U.S. Central Authority.
Technology used: Not applicable.
Level of interpretation required: Not applicable.
Simultaneous or in sequence interpretation: Not applicable.
Interpretation required in which jurisdiction? Not applicable.
Who pays for the interpretation? Not applicable.
How would a request for evidence be handled if witness not willing?

A request for the direct taking of evidence by video-link under Chapter I of the Convention will not be executed by the U.S. Central Authority as it is not asking the United States to obtain the evidence in conformance with its own domestic laws.

A witness can be compelled to provide evidence under Chapter I, but it will be a Department of Justice attorney who will obtain the testimony by directly asking the witness the questions provided by the foreign court. A witness should be voluntary when providing evidence by video-link directly to a foreign court under Chapter II. Although U.S. procedure allows an interested party to file a 28 U.S.C. § 1782(a) motion to request that a U.S. district court issue an order to compel a witness to provide evidence in aid of a foreign proceeding, it is unlikely that a U.S. court will compel a witness to directly provide evidence by video-link to a foreign court.

Chapter II

Are there legal obstacles to the use of video links? No. The United States permits the direct taking of evidence by video-link on a voluntary basis under Chapter II of the Convention, but such arrangements must be agreed upon privately and do not involve the U.S. Central Authority.
Technology used: No information available.
Level of interpretation required: The type and level of interpretation services used can be stipulated by the parties involved. Generally, professional accredited interpreters are not required in the United States.
Simultaneous or in sequence interpretation: Simultaneous or in sequence interpretation may be used.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? How costs are paid or reimbursed must be arranged for by the parties involved.

Other Information

Bilateral or multilateral agreements U.S. Department of State Bilateral Consular Conventions
Useful links:

Office of International Judicial Assistance Website

Office of International Judicial Assistance – Evidence Requests

OIJA Evidence and Service Guidance available online in English, Spanish, Turkish, German, Portuguese, Polish, Arabic, and Hebrew.

Competent authorities (Art. 8, 18) Art. 8: See here.
Art. 18: See here.
Additional authorities (Art. 24)  

Estónia

Estónia - autoridade competente (Art. 8)

Ministry of Justice
Suur-Ameerika 1
15006 Tallinn
Estonia

tel.: +372 620 8100
fax: +372 620 8109
e-mail: central.authority@just.ee;
general website: www.just.ee

Contact person / Personne à contacter :

  • Ms Anastasia ANTONOVA, Adviser
    International Judicial Co-operation Unit
    Ministry of Justice
    tel.: +372 620 8183
    e-mail: central.authority@just.ee
    contact languages: Estonian, English, Russian.

(This page was last updated on 22 August 2017)

Estónia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:
Address: Ministry of Justice
Suur-Ameerika 1, 
15006 Tallinn
Estonia
Telephone: +372 6 208 183
+372 6 208 186
Fax: +372 620 8109
E-mail: central.authority@just.ee
General website: http://www.just.ee/
Contact person: Ms Anastasia ANTONOVA, Adviser
International Judicial Co-operation Unit
Ministry of Justice
tel.: +372 620 8183
e-mail: central.authority@just.ee
Languages spoken by staff: Estonian, English, Russian

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes: Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): - Judicial authority competent to execute the request;
- Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): Declaration of applicability. See declaration.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into Estonian, French and English.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Expert assessment costs may be asked to be reimbursed.
Time for execution: Approximately 6-12 months as the time and possibility of taking evidence depends on the circumstances.
Art 23 pre-trial discovery of documents: Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence:  The information about national rules on the taking of evidence is stipulated in chapter 25 of the Code of Civil Procedure.
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Yes.
Is it a public or private hearing? It is a public hearing unless declared confidential.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? The witness is warned about the consequences of giving false testimony.
Can the witness be made subject to further examination and recall? Yes.
Are there sanctions for non-appearance of witness? Section 266 subsection 1 of the Code of Civil Procedure stipulates, that the court may, by a ruling, impose compelled attendance by police escort on a person in the case prescribed by law if the court has warned the person that compelled attendance may be imposed.

Section 266 subsection 2 of the Estonian Code of Civil procedure stipulates, that if a witness refuses to give testimony or sign a caution without good reason, the court may impose a fine or detention of up to fourteen days on the witness.

Must interpreters who assist with the witness examination be court-certified? The interpreters who assist with the witness examination do not have to be court-certified. The interpreter is warned, that she/ he will be responsible for false translation.
How is the testimony transcribed? Minutes of the court hearing are taken.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable.
Article 16 Applicable. No Competent Authority has been designated. However, in practice such requests are considered by the Ministry of Justice.
Article 17 Applicable. No Competent Authority has been designated. However, in practice such requests are considered by the Ministry of Justice.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.
Chapter II
Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements Bilateral conventions on judicial co-operation: Russian Federation (1993), Ukraine (1995).

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links: http://oigusabi.just.ee/tsiv/index.php?th=3&fid=3-3 (Ministry of Justice - in Estonian only)

(This page was last updated on 22 August 2017)


Finlândia

Finlândia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice
Unit for International Judicial Cooperation
P.O. Box 25
FIN-00023 Government
Finland
Telephone: +358 9 1606 7628
Fax: +358 9 1606 7524
E-mail: central.authority.om@gov.fi
General website: https://oikeusministerio.fi/en/international-legal-assistance
Contact person: Ms Maija Leppä
Languages spoken by staff: Finnish, Swedish, English

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:
Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):

Accepts Letters of Requests written in or translated into Finnish and English. By accepting Letters of Request in English, the Republic of Finland does not undertake to execute the request, or transmit the evidence thus obtained in the English language; nor to have translated the documents which establish the execution of the Letter of Request.

Finland also accepts Letters of Request in Swedish. The answer shall be given in the Swedish language if in connection with the Letter of Request this has been specifically requested.

Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
There are no constitutional limitations with re-gard to the reimbursement of fees and costs, in connection with the execution of Letters of Re-quest, for the service of process necessary to compel the appearance of a person to give evi-dence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: Approximately 3-6 months. 
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Finland.
https://e-justice.europa.eu/content_european_judicial_network_in_civil_and_commercial_matters-21-en.do

Act on International Judicial Assistance and the recognition and enforcement of judgments in civil and commercial matters (Laki kansainvälisestä oikeusavusta sekä tuomioiden tunnustamisesta ja täytäntöönpanosta siv-iili- ja kauppaoikeuden alalla, 426/2015), available in Finnish and Swedish: https://www.finlex.fi/fi/laki/ajantasa/2015/20150426

An unofficial translation in English: https://www.finlex.fi/fi/laki/kaannokset/2015/en20150426.pdf

Code of Judicial Procedure (Oikeudenkäymiskaari, 4/1734), available in Finnish and in Swedish: https://www.finlex.fi/fi/laki/ajantasa/1734/17340004

An unofficial translation: https://www.finlex.fi/fi/laki/kaannokset/1734/en17340004_20150732.pdf

Finlex Data Bank (an online database of up-to-date legislative and other judicial information of Finland): http://www.finlex.fi/en/

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Both kinds of requests are accepted in practice.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Yes.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? A witness who without a lawful cause refuses to give evidence may be obliged under threat of a fine to fulfill his or her obligation. If despite this the witness does not consent to give evidence, the court may order him or her to be detained until he or she consents to give evidence.
Must interpreters who assist with the witness examination be court-certified? No.
How is the testimony transcribed? The testimony is written down in a protocol.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. Evidence may be taken without the prior permission of the Finnish authorities.
Article 17 Applicable. Evidence may be taken without the prior permission of the Finnish authorities.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements

Agreement between Finland, Denmark, Iceland, Norway and Sweden on Mutual Legal Assistance in Service and Taking of Evidence of 1974.

Bilateral conventions on judicial co-operation: Russian Federation (1978), United Kingdom (1933).

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:  
Competent authorities (Art. 8) See here.
Additional authorities (Art. 24)  

Finlândia - autoridade competente (Art. 8)

Ministry of Justice
Unit for International Judicial Cooperation
P.O. Box 25
FIN-00023 Government
Finland
Telephone: +358 9 1606 7628
Fax: +358 9 1606 7524
E-mail: central.authority.om@gov.fi
General website: https://oikeusministerio.fi/en/international-legal-assistance

Contact person:

  • Ms Maija Leppä
    anguages spoken by staff: Finnish, Swedish, English

França

França - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministère de la Justice
Direction des Affaires Civiles et du Sceau
Département de l’entraide, du droit international privé et européen
(DEDIPE)
13, Place Vendôme
75042 Paris Cedex 01
Telephone: +33 (1) 44 77 61 05
Fax: +33 (1) 44 77 61 22
E-mail: entraide-civile-internationale@justice.gouv.fr
General website: www.justice.gouv.fr
www.entraide-civile-internationale.justice.gouv.fr
Contact person: Mrs. Tania Jewczuk, Head of Department:
tania.jewczuk@justice.gouv.fr Mrs. Catherine Rumeau, Deputy Head of Department:
catherine.rumeau@justice.gouv.fr
Languages spoken by staff: French, English

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature: 

- Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)). 

- Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)). 

In addition, two Articles of the law n°68-678 of July 26, 1968 (Articles 1 and 1 bis) - introduced by a law of 16 July 1980 - prevent "savage" requests for the purpose of obtaining evidence outside of mutual legal assistance framework. 

The provisions of Article 1 of this law aim to prohibit, "subject to international treaties or agreements",  the communication to foreign public authorities of documents or information of an economic, commercial, industrial, financial or technical nature, the disclosure of which may affect the sovereignty, security, essential economic interests of France or public order, specified by the administrative authority as necessary. 

Under Article 1 of the French Blocking Statute, "subject to international treaties or agreements and to the laws and regulations in force, it is prohibited for any person to request, seek or communicate, in writing, orally or in any other form, documents or information of an economic, commercial, industrial, financial or technical nature for the purpose of gathering evidence in or in connection with foreign judicial or administrative proceedings.” 

The resulting prohibition is particularly broad. It applies : 

- even if the communication of the document or information does not affect the sovereignty, security, public order or essential economic interests of France,

- even if this search is not acted upon,

- and even if the prosecuted person is neither French nor a French resident. 

In a decision dated 28 March 2007, the Paris Court of Appeals (9th Chamber B), reversing a judgment of acquittal rendered by the Paris Criminal Court on 1 June 2006, convicted a lawyer of the offense of communicating economic, commercial, industrial, financial or technical information aimed at obtaining evidence for foreign proceedings without complying with the requirements of the Hague Convention, and ordered him to pay a fine of 10,000 euros. The Court of Cassation upheld this ruling: in a decision dated 12 December 2007, the Court of Cassation (Criminal Division) dismissed the appeal filed against the decision of the Paris Court of Appeal.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability.

The French Code of Civil Procedure expressly permits the possibility for the requesting foreign judge to be present during the execution of the Letter of Request (article 741), without the need to obtain authorisation from anyone.

Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
The French Government will execute only those Letters of Request which are in French or accompanied by a translation into French.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
No.
Time for execution: Between 2 and 6 months, approximately.
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

- European Judicial Network in Civil or Commercial Matters - France.

- Articles 132 à 322 of the French Code of Civil Procedure - Legifrance.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? French national law has no requirements in this respect.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? The judge is not obliged to provide the witness with a list of the questions/matters to be addressed as contained in the Letter of Request, but there is no prohibition against doing so. However, according to article 212 of the French Code of Civil Procedure, "witnesses may not read any draft".
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Letter of Request is necessary.
Are there sanctions for non-appearance of witness? Under Article 207 of the French Code of Civil Procedure, “Defaulting witnesses and those who, without legitimate reason, refuse to testify or take an oath may be sentenced to a civil fine of up to 3,000 euros.”
Must interpreters who assist with the witness examination be court-certified? No. The oath is only to be taken by judicial experts when they are entered on the list established by the Court of Appeals.
How is the testimony transcribed? In accordance with Article 219 et seq. of the French Code of Civil Procedure, witness testimonies are recorded in a transcript ("procès-verbal"), dated and signed by the requested judge and by the clerk who prepared it.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. See conditions and competent authority.
Article 17 Applicable. See conditions and competent authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No.
Conducting hearings directly, by videoconference: Under Chapter I of the Convention, pursuant to Article 27 (b) and (c) of the Convention and articles 747-1 and 747-2 of the French Code of Civil Procedure, France permits a foreign judicial authority to conduct a hearing directly on French territory, including via videoconference, without compulsion or sanction, provided that the French Central Authority has given its prior permission. The hearing may be conducted on the premises of a French Court, but this is not mandatory.
Technology used:

Pursuant to Article R. 111-7, paragraph 2 of the Code of Judicial Organization

“The technical specifications of the audiovisual telecommunication means used must guarantee a reliable, loyal and confidential transmission with respect to third parties. 

They are determined by order of the Minister of Justice.” 

The transport network currently used by the Ministry of Justice is the RNIS network (Integrated Services Digital Network / ISDN), belonging to the commutated telephone network. The required speed is 256 kbps.

Level of interpretation required: France makes use of the services of accredited professional interpreters, but also relies on the parties and their legal counsel.
Simultaneous or in sequence interpretation: No preference.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? Pursuant to Article 748 of the French Code of Civil Procedure, which applies to incoming Letters of Request, the costs incurred by interpreters are to be borne by the foreign (requesting) authority.
How would a request for evidence be handled if witness not willing? Should a witness refuse to attend a videoconference hearing conducted by the judicial authority, it remains for the judicial authority to determine the consequences. While Article 207 of the French Code of Civil Procedure provides that "Defaulting witnesses and those who, without legitimate reason, refuse to testify or take an oath may be sentenced to a civil fine of up to 3,000 euros", French national law provides that in civil matters, the use of videoconference is subject to the consent of all parties.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements

- Supplementary agreements to the Hague Convention of 1 March 1954 were concluded with:  Austria (1979), Bosnia and Herzegovina (1969), Croatia (1969), Germany (1961), Poland (1967), Serbia (1969), Slovenia (1969), The Former Yugoslav Republic of Macedonia (1969). 

- Bilateral conventions on judicial co-operation: Algeria (1962), Australia (1922), Bahamas (1922), Belgium (1956), Benin (1975), Brazil (1996), Bulgaria (1989), Burkina Faso (1961), Cameroon (1974), Canada (1922 and Agreement with Quebec of 9 September 1977), Central African Republic (1965), Chad (1976), China (1987), Congo, Côte D'Ivoire (1961), Czech Republic (1984), Djibouti (1986), Egypt (1982), Gabon (1963), Hungary, Italy (1955), Lao People's Democratic Republic (1956), Lithuania (1928), Luxembourg (1870), Madagascar (1973), Mali (1962), Morocco (1957), Mauritania (1961), Monaco (1949), Mongolia (1994), Niger (1977), New Zealand (1922), Romania (1974), Russian Federation (1936), San Marino (1967), Senegal (1974), Slovakia (1984), Switzerland (1913), Togo (1976), Tunisia (1972), United Arab Emirates (1991), United Republic of Tanzania (1922), Uruguay (1991), Vietnam (1999). 

- Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links: http://www.entraide-civile-internationale.justice.gouv.fr/
Competent authorities (Art. 17) Ministère de la Justice
Direction des Affaires Civiles et du Sceau
Département de l’entraide, du droit international privé et européen (DEDIPE)
13, Place Vendôme
75042 Paris Cedex 01
Phone : + 33 (1) 44 77 61 05 - fax : + 33 (1) 44 77 61 22
E-mail : entraide-civile-internationale@justice.gouv.fr
General website : www.justice.gouv.fr
www.entraide-civile-internationale.justice.gouv.fr
Additional authorities (Art. 24) Not applicable.

França - autoridade competente (Art. 16, 17)

Ministère de la Justice
Direction des Affaires Civiles et du Sceau
Département de l’entraide, du droit international privé et européen (DEDIPE)
13, Place Vendôme
75042 Paris Cedex 01
téléphone : + 33 (1) 44 77 61 05 - fax : + 33 (1) 44 77 61 22
messagerie : entraide-civile-internationale@justice.gouv.fr
Site Internet : www.justice.gouv.fr
www.entraide-civile-internationale.justice.gouv.fr


Geórgia

Geórgia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice
Public International Law Department

Contact details:

Address: 24a Gorgasali St.
0114 TBILISI
Georgia
Telephone: (+995 32) 2 40 52 04
Fax: (+995 32) 2 40 52 04
E-mail: Intlawdep@justice.gov.ge
General website: https://www.justice.gov.ge/
Contact person:
  • Ms. Ketevan Sarajishvili
    Head of Public International Law Department
    Language of communication: Georgian, English, Russian
    Email: ksarajishvili@justice.gov.ge
  • Ms. Maia Sartania
    Specialist of Public International Law department
    Language of communication: Georgian, English, Russian
    E-mail: msartani@justice.gov.ge
Languages spoken by staff:  Georgian, English, Russian

 

Practical Information

Blocking statutes:  No blocking statutes in force

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):

Judicial authority competent to execute the request;

Information will be sent via the Central Authority

Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability:

Pursuant to Article 8 of the Convention, members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request, in accordance with the legislation of Georgia

Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 No Declaration
Translation requirements
Arts 4(2) and 33):

Reservation:

In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall exclude the application of the provisions of Paragraph 2 of Article 4 of the Convention

Georgia shall not undertake the obligation to translate documents for the execution of a Letter of Request

Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Reservation:

Georgia requests that any State of origin, making a request pursuant to Paragraph 1 of Article 26, shall reimburse the fees and costs to which this Paragraph refers

Time for execution: Within a reasonable period of time 
Pre-trial discovery of documents
Art. 23):
No Declaration
Information about domestic rules on the taking of evidence: 

Civil Procedure Code of Georgia (Section Three – Judicial Evidence; Chapters XIII-XX; see: https://matsne.gov.ge/en/document/view/29962?publication=134 )

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Letters of Request should include specific questions, according to which the witness should be examined.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  No
Are documents produced by the witness authenticated by the court?  Yes
Is an oath generally administered to the witness?  Yes
Can the witness be made subject to further examination and recall?  Yes
Are there sanctions for non-appearance of witness? A person summoned as a witness shall be obliged to appear in a court and give accurate testimony. If a witness fails to appear in a court with an inexcusable cause, he/she will be penalised. A court may order that the witness be brought to court by force.

A witness who refuses to testify or gives a deliberately inaccurate testimony may be subject to criminal liability

Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? Audio recording

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16

Not Applicable

Reservation: In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall not apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention

Article 17

Not Applicable

Reservation: In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall not apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention

 
Article 18 Not Applicable

Reservation: In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall not apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements

Multilateral Agreement: Convention on Mutual Assistance and Legal Relations in Civil Family and Criminal Matters from 1993

Bilateral Agreements:

  • Agreement between Georgia and the Republic of Turkey on Mutual Assistance in Civil, Commercial and Criminal Matters from 1996;
  • Agreement between Georgia and the Hellenic Republic on Judicial Assistance in Civil and Criminal Matters from 1999;
  • Agreement between Georgia and the Republic of Bulgaria on Legal Assistance on Civil Matters from 1995;
  • Agreement between Georgia and Ukraine on Mutual Assistance and Legal Relations on Criminal and Civil Matters from 1995;
  • Agreement between Georgia and the Republic of Azerbaijan on Mutual Assistance and Legal Relations in Civil Family and Criminal Matters from 1996;
  • Agreement between Georgia and the Republic of Armenia on Legal Assistance in Civil Matters from 1996;
  • Agreement between Georgia and Turkmenistan on Legal Assistance in Civil and Criminal Matters from 1996;
  • Agreement between Georgia and the Republic of Kazakhstan on Mutual Assistance in Civil and Criminal Matters from 1996;
  • Agreement between Georgia and Uzbekistan Mutual Assistance and Legal Relations in Civil Family and Criminal Matters from 1996;
  • Treaty between Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters from 1982 (remains valid in mutual relations between Georgia and the Czech Republic);
  • Treaty between the Republic of Cyprus and the Union of Socialist Republics on Legal Assistance in Civil and Criminal Matters from 1984 (remains valid in mutual relations between Georgia and the Republic of Cyprus).
Useful links:  
Competent authorities (Art. 17)  Not Applicable
Additional authorities (Art. 24)  Not Applicable

Grécia

Grécia - Autoridade central (Art. 2) e informações práticas

Central Authority(ies):

Hellenic Ministry of Justice

 

Contact details:

Address:

Hellenic Ministry of Justice
Directorate of Special Legal Affairs
Department of Private International Law
96 Mesogeion Av.
Athens 11527
Greece

Telephone: +30 213 130 7529
Fax:  
E-mail: gkouvelas@justice.gov.grcivilunit@justice.gov.gr
General website: www.ministryofjustice.gr
Contact person: Mr. George Kouvelas
Languages spoken by staff: Greek, English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Greek.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Greece has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Greece.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

A list of specific questions must be included.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No, the Request will simply be rejected.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.

Are there sanctions for non-appearance of witness?

Provided that the witness was legitimately summoned to appear before the court, depending on the case, the court orders either for the police to bring the non-appearing witness by force or to condemn the witness to pay a fine from 15 up to 150 Euros for non-appearance.

Must interpreters who assist with the witness examination be court-certified?

No.

How is the testimony transcribed?

The testimony is transcribed by an appointed judicial secretary.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable.

Article 17

Applicable.

Article 18

Applicable. See conditions.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Our State bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No. Our State bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

 

Grécia - autoridade competente (Art. 8)

Hellenic Ministry of Justice
Directorate of Special Legal Affairs
Department of Private International Law
96 Mesogeion Av.
Athens 11527
Greece
Tel.: +30 213 130 7529
Email: civilunit@justice.gov.gr, gkouvelas@justice.gov.gr
Website: www.ministryofjustice.gr
Languages of communication: English, Greek

Contact persons / Personnes à contacter:

  • Mr. George Kouvelas

Hungria

Hungria - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice
Department of Private International Law  

Contact details:
Address: Ministry of Justice (Igazságügyi Minisztérium)
Department of Private International Law (Nemzetközi Magánjogi Föosztály)

Address:
Kossuth tér 2-4.
1055 Budapest
Hungary

Mailing Address: / Adresse postale:
P.O. Box 2
1357 Budapest
Hungary

Mailing Address for Delivery by Private Courier: / Adresse postale pour livraison par transporteur privé
c/o Postal Bureau of the Parliament (Országházi Levélátvevő, Honvéd utca 28, 1055 Budapest, Hungary)
Telephone: +36 (1) 795-5397, +36 (1) 795-3188
Fax: +36 (1) 795 0463
E-mail:

nmfo@im.gov.hu

General website: http://www.kormany.hu/hu/kozigazgatasi-es-igazsagugyi-miniszterium
Contact person:  
Languages spoken by staff: Hungarian, English, French, German

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
 
Blocking statutes: Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

In addition, internal rules on data protection (Act LXIII of 1992 on the Protection of Personal Data and the Disclosure of Information of Public Interest) can affect the execution of letter of requests, even resulting in refusal to execute requests.

Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Yes, prior authorisation required (declaration of applicability).
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Request written in, or translated into Hungarian.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Reimbursement of costs of interpretation is usually required. Costs of experts or costs of videoconferencing would possibly be required to be paid if such a request arrived.
There are no constitutional limitations with regard to the reimbursement of fees and costs mentioned in Article 26.
Time for execution: It largely depends on the case.
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Hungary.

Act no. CXVI of 2004 on transposing the Hague Convention of 18 March 1970 on taking of evidence abroad in civil and commercial matters

Law-Decree No. 13 of 1979 on International Private Law, sections 67 to 69

Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? No such requirement exists under legislation, but for practical reasons (in conformity with long-standing practice), the Central Authority does require specific questions to be listed in order to enable the requested court to carry out the examination.
Is it a public or private hearing? In principal court hearings are public. The court can order a closed hearing to:

- protect state, service, business or other type of secret protected by law;

- protect public morality or personal rights of the party;

- protect the witness.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? No.
Can the witness be made subject to further examination and recall? Yes. Second Request necessary.
Are there sanctions for non-appearance of witness? Under paragraph 1 of section 185 of the Code of Civil Procedure, witnesses (experts), who - contrary to due summons - do not appear and have not justified in advance by well founded reasons their absence, as well as those who deny testifying without presenting their reasons or in breach of final judicial decision on their duty to testify, can be obliged to pay the costs occasioned by their behaviour and can be fined (even both can be applied at the same time). The court can also order that the police present the witness before the court.  
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The testimony is transcribed in minutes. It is also possible to register the testimony in other ways, namely by audio recording, but even in this case the audio recording must be transcribed within 8 days. The minutes contain a summary of the course of the hearing, verbatim if necessary.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable, no prior permission required provided that the person affected is exclusively national of the sending state of the diplomatic officer or consular agent.  See declaration.
Article 16 Not applicable (see reservation).
Article 17 Applicable, prior permission required (see competent authority).
Article 18 Not applicable.

The Hungarian authorities do not give assistance to the taking of evidence of the diplomatic offer or consular agent in accordance with Article 15 of the Convention or the commissioner in accordance with Article 17 of the Convention by applying measures of compulsion.

Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links? No. Article 9 provides the legal basis for such request by allowing the application of special procedures. Section 62, paragraph 2 of the Law-Decree No. 13 of 1979 on International Private Law also allows using particular methods if they are not contrary to public order.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.
Chapter II
Are there legal obstacles to the use of video links? No. Article 21 is the legal basis for such requests, but reservations and conditions made to Chapter II must be respected. Nevertheless, Hungary does not see any practical relevance of this issue.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements Bilateral conventions on judicial co-operation: Albania, Algeria, Australia, Belarus, Bosnia and Herzegovina, Canada, China, Croatia, Cuba, Democratic People's Republic of Korea, Egypt, Fiji, Kenya, Lesotho, Mongolia, New Zealand, Russian Federation, Syria, the Former Yugoslav Republic of Macedonia, Tonga, Tunisia, Turkey, Ukraine, and Viet Nam.

Multilateral conventions on judicial co-operation:
Règlement (CE) No 1206/2001 du Conseil du 28 mai 2001 relatif à la coopération entre les juridictions des Etats membres dans le domaine d'obtention des preuves en matière civile ou commerciale.

Useful links:  

Hungria - autoridade competente (Art. 8, 17)

Ministry of Public Administration and Justice
Department of Justice Cooperation and Private International Law
P.O. Box 2
1357 Budapest
Kossuth tér 2-4.
1055 BUDAPEST
Hungary
tel.: +36 (1) 795-4846
fax: +36 (1) 795-0463
e-mail: nemzm@irm.gov.hu  / nemzm@kim.gov.hu
General website: www.kim.gov.hu
(Languages spoken by staff: Hungarian, English, German, French)

(This page was last updated on 29 September 2010)


Índia

Índia - Autoridade Central (Art. 2, 16, 17)

The Ministry of Law and Justice
and the High Courts in all States and Union Territories within India

Índia - autoridade competente (Art. 18)

The District Court within whose territory the evidence is to be taken.

Índia - autoridade competente (Art. 8)

the Central Authority and the concerned court


Islândia

Islândia - Autoridade Central (Art. 2)

Autorité(s) centrale(s):

District Commissioner of Sudurnes (Sýslumaðurinn á Suðurnesjum)

Coordonnées:
Adresse: District Commissioner of Sudurnes (Sýslumaðurinn á Suðurnesjum)
Vatnsnesvegur 33
230 Keflavík
Iceland
Téléphone: +354 458 2200
Télécopieur: -
Courriel: sudurnes@syslumenn.is
Site web: -
Personne à contacter: Ms Inga Lóa Steinarsdóttir, Courriel: ingaloa@syslumenn.is

(Dernière mise à jour de cette page : le 7 septembre 2016)


Israel

Israel - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Administration of Courts

Contact details:

Address: Administration of Courts
Legal Assistance to Foreign Countries
22 Kanfei Nesharim st.
Jerusalem 9546435
Israel
Telephone: +972 (74) 748 1836
Fax: +972 (74) 748 1836
E-mail: Mishpatit@court.gov.il
General website:  
Contact person: Legal adviser for the Administrator of Courts
Foreign.Countries@court.gov.il
Languages spoken by staff: English, Hebrew

 

Practical Information

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. No prior authorisation needed.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):

Accepts Letters of Requests written in or translated into French, English and Hebrew. However, a translation to Hebrew or English will help to speed up and facilitate the processing of the request.

Please note that requests intended for residents of the Palestinian Authority should be directed through the Director of Courts. This authority forwards the requests to the Palestinian Authority. In addition:

a. The requests are to be translated into Arabic and Hebrew.
b. The request must include the full name (four names) of the recipient.
c. The request must include the Identification Number of the recipient.
d. The request must include the full address as far as possible.

Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Israel has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: 12 months.
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed (no declaration).
Information about domestic rules on the taking of evidence:  Taking of evidence must conform with Israeli evidence law.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Yes.
Is it a public or private hearing? Public, unless a judge determines otherwise pursuant to applicable law.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No, unless requested by the requested authority.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? The witness is notified of his or her duty to testify truthfully and is informed that there are penalties under law for giving a false testimony. The witness must then confirm that he or she understands this and must undertake to testify truthfully. In addition, the court may require an oath or affirmation if there are grounds to believe that doing so would assist in uncovering the truth.
Can the witness be made subject to further examination and recall? No, unless the court decides otherwise or an additional request is received.
Are there sanctions for non-appearance of witness? The witness might be subject to the contempt of court legislation, and a compulsory attendance order may be issued against the witness.
Must interpreters who assist with the witness examination be court-certified? No.
How is the testimony transcribed? The testimony is transcribed by an accredited court reporter.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. See Competent Authority.
Article 17 Applicable. See Competent Authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No. There is nothing in the Convention to exclude a video-link. This new medium seems to be covered by the Convention as much as any other pre-existing medium.
Technology used: Secured video-link.
Level of interpretation required: The relevant authority relies on the parties or their counsel for the interpretation.
Simultaneous or in sequence interpretation: Sequence interpretation.
Interpretation required in which jurisdiction? Only required in the requested State.
Who pays for the interpretation? The court.
How would a request for evidence be handled if witness not willing? It has never happened before.

Chapter II

Are there legal obstacles to the use of video links? No. There is nothing in the Convention to exclude a video-link. This new medium seems to be covered by the Convention as much as any other pre-existing medium.
Technology used: No information available.
Level of interpretation required: No information available. 
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements  
Useful links: The Judicial Authority
Competent authorities (Art. 16, 17) See here.
Additional authorities (Art. 24)  

Israel - autoridade competente (Art. 16, 17)

The Director of the Court (Central Authority) is also the Authority designated pursuant to Articles 16 and 17 to give the permissions specified in those Articles.

Contact details:

Administration of Courts
Legal Assistance to Foreign Countries
22 Kanfei Nesharim st.
Jerusalem 9546435
Israel
Tel.: +972 (74) 748 1836
Fax: +972 (74) 748 1887
E-mail: Mishpatit@court.gov.il

Contact person:

Legal adviser for the Administrator of Courts
Foreign.Countries@court.gov.il
(languages of communication: English, Hebrew)


Itália

Itália - autoridade competente (Art. 8, 16, 17, 18)

(...) the Italian Government designates the Court of Appeal within whose jurisdiction proceedings are to take place as the authority competent to:

– authorize foreign judicial personnel to be present at the execution of a Letter of Request, pursuant to Article 8;
– authorize foreign diplomatic officers, consular agents or commissioners to take evidence under Article 16 or 17;
– grant the judicial assistance provided for in Article 18.

Itália - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Foreign Affairs

Contact details:

Address: Ministry of Foreign Affairs
D.G.I.T. — Office IV
Piazzale della Farnesina, 1
00135 ROMA
Italy
Telephone: +39 06 3691 3546 / 5018
Fax: -
E-mail: dgit-04.coopcivile@esteri.it
General website: www.esteri.it
Contact person:  
Languages spoken by staff:

Italian, English, French

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
 
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into French, English and Italian.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Italy.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?  
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. See Competent Authority.
Article 17 Applicable. See Competent Authority.
Article 18 Applicable. See Competent Authority.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.
Useful links:  
Competent authorities (Art. 8, 16, 17, 18) See here.
Additional authorities (Art. 24)  

Letónia

Letónia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice
Brivibas Boulevard 36
LV - 1536 RIGA
Latvia
Telephone: +371 67036824
Fax: +371 67210823
E-mail: tm.kanceleja@tm.gov.lv
central.authority@tm.gov.lv
General website: http://www.tm.gov.lv/
Contact person: Director Baiba JUGANE-LINTERE
Languages spoken by staff: English, Latvian, Russian

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:
Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into French, English, Russian and Latvian.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
In compliance with Article 14(2) of the Evidence Convention the court shall notify the Ministry of Justice regarding the costs of execution of request of a foreign country for taking of evidence, if any have incurred.
The Ministry of Justice may request the competent authority of the foreign country to cover the costs of execution of request of a foreign country for taking of evidence which have incurred in accordance with Article 14(2) of Evidence Convention.
Time for execution: 1-3 months
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed (no declaration).
Information about domestic rules on the taking of evidence:  European E-justice Portal - Latvia
European Judicial Network in civil and commercial matters - Latvia

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Prefarable to include specific questions
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No information available.
Is an oath generally administered to the witness? No. However, before being examined, a witness shall sign a declaration to acknowledge that he/she undertakes to testify to the court about everything he/she knows and that criminal liability could be imposed for intentionally giving false testimony.
Can the witness be made subject to further examination and recall? Yes but a second Request is necessary.
Are there sanctions for non-appearance of witness? According to Paragraph 2 of Art 109 of the Civil Procedure Law, if a witness, without justified reason fails to attend a hearing after being summoned by a court or a judge, the court may impose a fine, or have the witness brought to court by force.
Must interpreters who assist with the witness examination be court-certified? No.
How is the testimony transcribed? In accordance with the Civil Procedure Law, Article 61, minutes of the court sitting shall be kept at every sitting of the Court. The Course of the court sitting also is recorded by using technical means.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. See Competent Authority.
Article 17 Applicable. See Competent Authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No. Generally Latvia interprets the Convention as medium neutral; however, other States Parties' interpretation of provisions of Articles 7 and 8 may have effect on the possibilities of using video link in the taking of evidence abroad.
Technology used: No information available.
Level of interpretation required: No information available. 
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No. Generally Latvia interprets the Convention as medium neutral; however, other States Parties' interpretation of provisions of Article 19 may have effect on the possibilities of using video link in the taking of evidence abroad.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements Bilateral conventions on judicial co-operation: Belarus, Kyrgyzstan, Republic of Moldova, Russian Federation, Ukraine and Uzbekistan.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.
Useful links:  
Competent authorities (Art. 8, 16, 17) See here.
Additional authorities (Art. 24)  

Letónia - autoridade competente (Art. 8, 16, 17)

Ministry of Justice
Brivibas Boulevard 36
LV - 1536 RIGA
Latvia
Telephone: +371 67036824
Fax: +371 67210823
E-mail: tm.kanceleja@tm.gov.lv
Website: http://www.tm.gov.lv/en/
Language(s) of communication: English, Russian, Latvian
Contact person: Ms. Baiba Jugane-Lintere


Lituânia

Lituânia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

 

Contact details:

Address:

The Ministry of Justice 
Gedimino ave. 30
LT-01104 Vilnius

Telephone:

+370 (5) 266 2940

Fax:

+370 (5) 262 5940

E-mail:

tbs@tm.lt

General website:

http://www.tm.lt/

Contact persons:

Ms Andrada Bavejan
Head of Legal Co-operation
Division of International Law Department

Languages spoken by staff:

English, French, Russian, Lithuanian

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Additionally, articles 801(2) and 802(1) of the Code of Civil Procedure of Lithuania prevent foreign applicants from obtaining certain types of evidence in the territory of Lithuania (for more information, see response of Lithuania to the 2008 Evidence Questionnaire).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Lithuanian, French, English and Russian.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Lithuania has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Lithuania.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Our laws do not stipulate any such requirement; however, specific questions should be included for the purpose of effective and sufficient execution of the request.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No, the Request will simply be rejected.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes, but a second Request is necessary.

Are there sanctions for non-appearance of witness?

Under article 248 of Code of Civil Procedure if a summoned witness fails to appear before the court without a relevant reason, he may be fined in the amount of one thousand litas. The witness may also be brought before the court pursuant to a court ruling.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Under articles 168 and 169 of Code of Civil Procedure, a summary of the testimony is recorded in the minutes of the court session.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. See conditions.

Article 17

Applicable. See conditions.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Lithuania bases the use of video-link on specific provisions such as Articles 7 or 8 of the Evidence Convention. In addition, articles 9 and 177 of the Code of Civil Procedure provide the legal basis for the taking of evidence by video-link in Lithuania.

There are no legal obstacles but rather practical ones, i.e. just a few courts are equipped with videoconferencing facilities which may be used in cross-border proceedings.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

According to article 9(5) of the Code of Civil Procedure a court may use any technical devices or appliances to record court proceedings and evidence.

According to article 191(1) of the Code of Civil Procedure the witness has a duty to give evidence in court (subject to the exceptions stated in art. 191(2)). A witness failing to perform the duty may be subject to a fine of up to 1000 litas.

If a witness refuses to give evidence using video-link, his/her testimony may be recorded in writing.

Chapter II

Are there legal obstacles to the use of video links?

No. Lithuania bases the use of video-link on specific provisions such as Article 19 of the Evidence Convention.

There are no legal obstacles but rather practical ones, i.e. just a few courts are equipped with videoconferencing facilities which may be used in cross-border proceedings.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Armenia, Azerbaijan, Belarus, China, Estonia, Kazakhstan, Poland, Republic of Moldova, the Russian Federation, Turkey, Ukraine, Uzbekistan.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:

 

(This page was last updated on 21 September 2017)

Lituânia - autoridade competente (Art. 8, 15, 16, 17)

The Ministry of Justice  
Gedimino ave. 30/1, LT-01104 Vilnius 
Telephone: + 370 5 266 2933 
Fax: + 370 5 262 5940 
E-mail: tminfo@tm.lt 
Website: www.tm.lt  
Language(s) of communication: English, Russian, Lithuanian 
Contact persons:

  • Andrada Bavejan, Head of the Legal Co-operation Division
  • Indre Kairelyte, Senior specialist
  • Toma Milieskaite, Senior specialist
  • Gintare Janikunaite, Senior specialist

(This page was last updated on 27 August 2008)


Luxemburgo

Luxemburgo - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Le Procureur général d'Etat

Contact details:

Address: L-2080 Luxembourg, Cité Judiciaire, Plateau du St-Esprit, Bâtiment CR 
Telephone: +352 47 59 81-2329/2393
Fax: +352 47 05 50
E-mail: parquet.general@justice.etat.lu
General website: www.justice.public.lu
Contact person: Mme Monique SCHMITZ, Avocat Général
tél.: +352 47 59 81-2329/2393
en son absence / in her absence:
Avocat général de permanence
Languages spoken by staff: French, German, English

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Les commissions rogatoires sont directement envoyées par une autorité judiciaire de l'État requérant à l'Autorité centrale de l'État requis.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
L'autorité judiciaire compétente pour exécuter la commission rogatoire.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Déclaration d'applicabilité. Aucune Autorité compétente n'a été désignée. Cependant, dans la pratique ces demandes sont examinées par le Parquet général.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
Pas de déclaration d'applicabilité.
Translation requirements
Arts 4(2) and 33):
Le Luxembourg accepte les commissions rogatoires rédigées en langue française, anglaise ou allemande ou accompagnées d'une traduction dans l'une de ces langues.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Le Luxembourg est en droit de solliciter le remboursement des frais au titre de l’article 14(2) et (3) et de l’article 26.
Time for execution: Pas d'information disponible.
Pre-trial discovery of documents
Art. 23):
La commission rogatoire ne sera pas exécutée (exclusion complète).
Information about domestic rules on the taking of evidence:  Réseau judiciaire européen en matière civile et commerciale - obtention des preuves - Luxembourg.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Pas d’information disponible.
Is it a public or private hearing? Elles peuvent être soit publiques, soit à huis clos. Cela dépend de la matière.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Oui.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Non.
Are documents produced by the witness authenticated by the court? Non.
Is an oath generally administered to the witness? Oui.
Can the witness be made subject to further examination and recall? Oui mais une seconde commission rogatoire est nécessaire.
Are there sanctions for non-appearance of witness? Il s'expose à une peine d'amende de 50 à 2.500 euros.
Must interpreters who assist with the witness examination be court-certified? Oui.
How is the testimony transcribed? Un procès-verbal est dressé par le greffier et signé par le magistrat et le témoin.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. Voir les conditions et l’autorité compétente dans la déclaration / réserve du Luxembourg
Article 17 Applicable. Voir les conditions et l'autorité compétente dans la déclaration / réserve du Luxembourg.
Article 18 Pas de déclaration d’applicabilité (c-à-d., un agent diplomatique ou consulaire ou un commissaire n’a pas de faculté de solliciter de l’assistance nécessaire à obtenir des preuves par voie de contrainte).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements

Conventions bilatérales d'entraide judiciaire: Autriche, Danemark, France, Suisse.

Règlement (CE) n° 1206/2001 du Conseil du 28 mai 2001 relatif à la coopération entre les juridictions des États membres dans le domaine de l'obtention des preuves en matière civile ou commerciale.

Useful links:  
Competent authorities (Art. 17) See here.
Additional authorities (Art. 24) Pas de désignation d’autres Autorités luxembourgeoises  

Luxemburgo - autoridade competente (Art. 16, 17)

Parquet General 
Cité judiciaire
Bâtiment CR
L- 2080 Luxembourg 
Tél.: +352 475981 2336 
Télécopie : +352 47 05 50 
E-mail: parquet.general@justice.etat.lu
Language(s) of communication : French, German
Contact person: Jeanne GUILLAUME, Avocat Général


Malta

Malta - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Office of the State Advocate

Contact details:

Address: Office of the State Advocate,
16, Casa Scaglia,
Triq Mikiel Anton Vassalli
Valletta, VLT 1311
MALTA
Telephone: + 356 2226 5000
Fax:  
E-mail: info@stateadvocate.mt
General website: http://www.stateadvocate.mt
Contact person:  
Languages spoken by staff: English and Maltese

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Office of the State Advocate,
16, Casa Scaglia,
Triq Mikiel Anton Vassalli
Valletta, VLT 1311
MALTA
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): If authorised by the Central Authority, judicial personnel may be present at the execution of the letter of request (Article 19 of Chapter 443 of the Laws of Malta)
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 
Translation requirements
Arts 4(2) and 33):
Translation is required in English or Maltese
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
There are no costs with regards to the execution of the Letters of Request
Time for execution:  
Pre-trial discovery of documents
Art. 23):
 
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? List of questions is required to be used during the examination of a witness.
Is it a public or private hearing? The hearing is in public
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Yes, the witness is provided with a copy of the letter of request, list of questions and any other documents together with the subpoena
Are documents produced by the witness authenticated by the court? No
Is an oath generally administered to the witness? Yes
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? Yes
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? The testimony of the witness is recorded and then transcribed

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15  
Article 16  
Article 17  
Article 18  

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links: www.stateadvocate.mt
Competent authorities (Art. 17) See here.
Additional authorities (Art. 24)  

Malta - autoridade competente (Art. 17)

Office of the State Advocate,
16, Casa Scaglia,
Triq Mikiel Anton Vassalli Valletta, VLT 1311
MALTA


Marrocos

Marrocos - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministère de la Justice
Direction des Affaires Civiles
Service de l'Entraide Judiciaire en Matière Civile

Contact details:

Address: Ministère de la Justice
Direction des Affaires Civiles
Service de l'entraide judiciaire en matière civile
Place Mamounia
BP1015 Rabat
Maroc
Telephone: +212 (0) 537213675
Fax: +212 (0) 537705914
E-mail: entraidejcivil@justice.gov.ma
baraebouhmala@gmail.com
General website: www.justice.gov.ma
Contact person: Mr Bensalem OUDIJA
Directeur Des Affaires Civiles
Mr Abdelali BOUHMALA
Chef de service de l'entraide judiciaire en matière civile
Languages spoken by staff: Arabic, French

 

Practical Information

Blocking statutes: Loi 11° 09-08 relative à la protection des personnes physiques à l'égard du traitement des données à caractère personnel.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: L'autorité judiciaire compétente.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
 
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):  
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 
Translation requirements
Arts 4(2) and 33):
les commissions rogatoires accompagnées d'une traduction en langue arabe ou française (article 4 alinéa 1).
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Non.
Time for execution:  
Pre-trial discovery of documents
Art. 23):
 
Information about domestic rules on the taking of evidence:  Articles 78 et 527 du code de la procédure civile.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? De préférence, les questions posées aux temoins interrogés doivent être incluses.
Is it a public or private hearing? Les audiences sont publiques. Mais la loi permet des exceptions.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  Les autorités judiciaires requises révisent les commissions rogatoires émanant des autorités judiciaires réquérantes afin de savoir s'elles ne portent pas atteinte à la souveraineté ou à la sécurité de son état.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court? Non.
Is an oath generally administered to the witness? Oui.
Can the witness be made subject to further examination and recall? Oui mais une seconde commission rogatoire est nécessaire.
Are there sanctions for non-appearance of witness? L'article 77 (pgf 02 et 03) du code de procédure civile prévoit que
«Les témoins défaillants peuvent être condamnes, par jugement exécutoire nonobstant opposition ou appel, à une amende qui ne peut excéder cinquante dirhams.
Ils peuvent être cités à nouveau et s'ils sont encore défaillants, ils sont condamnés a une amende qui ne peut excéder cent dirhams».
Must interpreters who assist with the witness examination be court-certified? Oui. les interprètes doivent être assermentés et inscrits au tableau mais le juge peut choisir un interprète non assermenté qui devrait prêter serment devant lui.  
How is the testimony transcribed? L'article 83 du code de procédure civile stipule que : « Dans tous les cas, le greffier dresse procès-verbal de l'audition des temoins. Ce procès-verbal est signé selon le cas, par le juge rapporteur, le juge chargé de l'affaire ou le président de l'audience, et annexe à la minute du jugement; il contient l'énoncé des jour, lieu et heure de l'enquète, mentionne l'absence ou la présence des parties, les noms, prénoms, professions et demeures des temoins, leur serment, leurs declarations, s'ils sont conjoints, parents, alliés, serviteurs ou domestiques des parties, les reproches proposés, les dépositions, la mention de la lecture qui en a été faite aux temoins».

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable.
Article 17 Applicable. 
Article 18  

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation? L'article 126 du code de procédure civile stipule que : « Si les dépens comprennent les vacations et frais d'un expert ou d'un interprète, une expédition de l'ordonnance de taxe est visée pour exécution par le greffier et remise et transmise dans les conditions prévues aux articles 37, 38 et 39 à l'expert ou a l'interprète. Le montant de la somme restant due après versement d'avances est indique, s'il y a lieu, sur l'expedition de l'ordonnance. Pour le paiement de ladite somme, toutes les parties sont débitrices à l'égard de l'expert ou de l'interprète, sauf a celui-ci a ne poursuivre les parties non condamnées aux depens qu'en cas d'insolvabllite de la partie condamnée.»
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements Convention de La Haye du 1 mars 1954. Conventions bilateraux entre le Maroc et d'autres pays.
Useful links:  
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

México

México - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Directorate-General of Legal Affairs, Ministry of Foreign Affairs 

Contact details:
Address: Secretaría de Relaciones Exteriores
Plaza Juárez No. 20
Planta Baja Edificio Tlatelolco
Colonia Centro
Alcaldía Cuauhtémoc
C.P. 06010, México, Ciudad de México
Telephone: +52 (55) 3686 5100 (ext. 5235, 6445, 6438, 6413, 6127, 5227, 6415, 5243)
E-mail: dgajuridicos@sre.gob.mx
General website: www.sre.gob.mx/
Contact person: Mtro. José Luis Amaro Jaramillo
Languages spoken by staff: Spanish/English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes: Yes. See, Ley Federal de Transparencia y Acceso a la Información Pública Gubernamental (Federal Law of Transparency and Access to Governmental Public Information).
Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into Spanish.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Mexico does not seek reimbursement of costs under Art. 14(2)

There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution: Between 2 and 6 months, approximately.
Art 23 pre-trial discovery of documents: Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence:  See, Articles 543-556 Código Federal de Procedimientos Civiles. Libro Cuarto de la Cooperación Internacional. Título Único (Federal Code of Civil Procedure).
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Specific questions are required.
Is it a public or private hearing? Private hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? The imposition of a fine or arrest.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The secretary officer [law clerk] will take the testimony using the questions sent by the requesting authority. He or she will then transcribe the testimony, and produce a printed version, which shall be signed by all the witnesses.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable.
Article 16 Applicable.
Article 17 Not applicable.
Article 18 Not applicable.
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? The competent judge may issue an order to appear. If the requested person does not appear, he or she might be arrested or fined.
Chapter II
Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements To consult bilateral and multilateral treaties to which Mexico is a party, see: http://www.sre.gob.mx/tratados/     

Multilateral conventions on judicial co-operation:

- Inter-American Convention on Letters Rogatory

- Inter-American Convention on the Taking of Evidence Abroad

- Additional Protocol to the Inter-American Convention on the Taking of Evidence Abroad

- Inter-American Convention on Proof of and Information on Foreign Law

Useful links: webapps.sre.gob.mx/rogatorias/ (track service for letters rogatory) (en espagnol uniquement)
www.sre.gob.mx/tramites/exhortos/default.htm (International letters rogatory) (Ministry of Foreign Affairs).

Mónaco

Mónaco - autoridade competente (Art. 16, 17)

Direction des Services judiciaires 
Palais de Justice
5, rue Colonel Bellando de Castro
98000 MONACO 
Téléphone : :+377 98 98 88 11 
Télécopie : +377 98 98 85 89 
Courriel : dsj@justice.mc
Langue de communication : Français, Anglais

Personnes à contacter :

  • M. Pierre-Erige Ciaudo
    Administrateur à la Direction des Services Judiciaires

Mónaco - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Directorate of Judicial Services

Contact details:

Address: Direction des Services Judiciaires
Palais de Justice
5, rue Colonel Bellando de Castro
98000 MONACO
Telephone: +377 98 98 88 11
Fax: +377 98 98 85 89
E-mail: dsj@justice.mc
General website:  
Contact person: M. Pierre-Erige Ciaudo
Administrateur à la Direction des Services Judiciaires
Languages spoken by staff: French, English

 

Practical Information

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.

Ainsi, (sauf pour ce qui concerne l'aide mutuelle judiciaire entre la France et Monaco) les commissions rogatoires sont adressées par les juridictions ou magistrats compétents à la Direction des Services Judiciaires aux fins d'acheminement à l'Autorité centrale étrangère compétente.

Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into French.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Monaco does not seek reimbursement of costs under Art. 14(2).
Time for execution: Between 2 and 6 months approximately.
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  No information available.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Il semble qu'il soit nécessaire que des questions exactes soient posées.
Is it a public or private hearing? Private hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second request is necessary.
Are there sanctions for non-appearance of witness? Amende civile de 15 à 1500 euros  (article 331 du code de procédure civile).
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? Le témoignage est transcrit par un greffier sous l'autorité d'un juge.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. See conditions and competent authority.
Article 17 Applicable. See conditions and competent authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? Yes.
Ce mode de preuve n'est pas prévu par la législation monégasque.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? Yes.
Les juridictions de la Principauté n'ont pas eu, à ce jour, à statuer sur ce point.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements Convention bilatérale franco-monégasque du 21 septembre 1949 relative à l'aide mutuelle judiciaire.
Useful links:  
Competent authorities (Art. 16, 17) See here.
Additional authorities (Art. 24)  

Montenegro

Montenegro - autoridade competente (Art. 8)

In accordance with Article 8 of the Convention, Montenegro declares that members of the judicial personnel of judicial authority of the requesting authority of another Contracting State may be present at the execution of a Letter of Request in Montenegro when prior authorization by [the] Ministry of Justice of Montenegro is granted.

Montenegro - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice, Human and Minority Rights

Contact details:

Address: Vuka Karadžića 3, Podgorica, Montenegro
Telephone: +382-20-407-510
Fax: +382-20-407-566
E-mail: dara.tomcic@mpa.gov.me
General website: https://mpa.gov.me/ministarstvo
Contact person: Dara Tomčić
Languages spoken by staff: Montenegrin, English

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Through Central Authority (Ministry of Justice, Human and Minority Rights of Montenegro)
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Court
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Yes.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
Yes.
Translation requirements
Arts 4(2) and 33):
Yes.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
No cost.
Time for execution: Time is not limited.
Pre-trial discovery of documents
Art. 23):
No.
Information about domestic rules on the taking of evidence:  Law on Civil Procedure (Chapter XIX)

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Letter of Request includes the list of matters to be addressed.
Is it a public or private hearing? Private hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Not applicable.
Can the witness be made subject to further examination and recall? Yes.
Are there sanctions for non-appearance of witness? Yes, there are sanctions for non-appearance of witness.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? No, the testimony is not transcribed.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Without reservation.
Article 16 Reservation
Article 17 Without reservation.
Article 18 Reservation

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 8) See here.
Additional authorities (Art. 24)  

Nicarágua

Nicarágua - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Foreign Affairs
Department of Legal Affairs, Sovereignty and Territory

Contact details:

Address: Ministry of Foreign Affairs
Department of Legal Affairs, Sovereignty and Territory
Ministerio de Relaciones Exteriores
Dirección de Asuntos Jurídicos, Soberanía y Territorio
De donde fue el Cine Gonzalez 1 C al Sur, sobre Avenida Bolivar
Apartado Postal 127
Managua
Nicaragua
Telephone: +(00505)22448000
Fax: +(00505)22448067
E-mail: enlace@cancilleria.gob.ni
General website:  
Contact person: Dr. Iván Lara Palacios
Viceministro de Relaciones Exteriores para Asuntos Jurídicos
Languages spoken by staff: Spanish

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
 
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):  
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 
Translation requirements
Arts 4(2) and 33):
 
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
 
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?  
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15  
Article 16  
Article 17  
Article 18  

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Noruega

Noruega - autoridade competente (Art. 15, 16, 17)

The Royal Ministry of Justice and the Police
Department of Civil Affairs
P.O. Box 8005 Dep
0030 Oslo
Norway
Telephone: + 47 22 24 54 51
Fax: + 47 22 24 27 22
E-mail: postmottak@jd.dep.no
Website: http://www.regjeringen.no/nb/dep/jd
Language(s) of communication: Norwegian, Swedish, Danish and English

(This page was last updated on 10 September 2008)

Noruega - autoridade competente (Art. 8)

The courts
Internet: www.domstol.no
Language(s) of communication: Norwegian, Swedish, Danish and English

Noruega - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

The Royal Ministry of Justice and Public Security

Contact details:

Address:

The Royal Ministry of Justice and Public Security
Department of Civil Affairs

Regular Postal address:
Ministry of Justice and Public Security
Department of Civil Affairs
P.O Box 8005 Dep
0030 Oslo
Norway

Delivery address (for documents sent by courier):
The Royal Ministry of Justice and Public Security
Department of Civil Affairs
Varemottak
Akersgata 59
0180 Oslo
Norway

Telephone: +47 22 24 54 51
Fax: +47 22 24 27 22
E-mail: postmottak@jd.dep.no
General website: http://www.regjeringen.no/nb/dep/jd
Contact person:  
Languages spoken by staff: Norwegian, Swedish, Danish and English.

 

Practical Information

Blocking statutes: Norwegian legislation does not have any blocking statute for the purpose of preventing foreign applicants from obtaining certain types of evidence.The Norwegian Civil Procedure Code contains a general provision (Section 22-3) that prohibits obtaining information which is protected by an obligation to maintain secrecy as provided by law.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into Norwegian, English, Danish and Swedish.By accepting Letters of Request in another language than the Norwegian, the Kingdom of Norway does not undertake to execute the request, or transmit the evidence thus obtained in this other language; nor to have translated the document which establish to execution of the letter of request. See declarations.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Norway has not sought reimbursement of costs under Art. 26.
Time for execution: Between 3 and 5 months approximately.
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed subject to certain conditions (qualified execution).
Information about domestic rules on the taking of evidence:  Norwegian Civil Procedure Code (§ 28-1 Securing of evidence § 28-2 Conditions for securing evidence).
Court Administration Act Sections 46, 47, 48, 48a and 49.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? A list of matters to be addressed is sufficient.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No information available.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes.
Are there sanctions for non-appearance of witness? The court may order that a witness, who fails to appear in court without a valid reason, be brought before the court. The court may also impose a fine.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed?

Statements made by the parties, witnesses or experts outside of the main hearing, for example to secure evidence, shall be entered into the court record and then read aloud for confirmation.Any other statements by the parties, witnesses and experts shall be entered into the court record if the court deems appropriate.

The court may otherwise decide to use audio or video recording.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable. See competent authority.
Article 16 Applicable. See competent authority.
Article 17 Applicable. See competent authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No. We do not consider that there are legal obstacles to the taking of evidence by video-link under Chapter I of the Evidence Convention. In this regard, we emphasise that the request must not be contrary to Norwegian law. In our opinion, the Convention does not oblige member states to execute such requests. Thus any such request will be executed on a voluntary basis.
Technology used: We have equipment that allows us to send evidence taken by encrypted video-link.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available. 
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements A multilateral convention on judicial co-operation was concluded between: Denmark, Finland, Iceland, Norway and Sweden on 26 April 1974.

Bilateral conventions on judicial co-operation: Austria, Germany and United Kingdom.
Useful links: Guide on Letters Rogatory - Ministry of Justice (in Norwegian only)
Competent authorities (Art. 8, 15, 16, 17) Art. 8: See here.
Art. 15, 16, 17: See here.
Additional authorities (Art. 24)  

Países Baixos

Países Baixos - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

1. the District Court in The Hague
2. For Aruba: The Attorney-General at Aruba of the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba.

Contact details:

Address: The District Court in The Hague (Rechtbank Den Haag)
Team Administratie Civiel – Algemene Zaken
Postbus 20302
2500 EH THE HAGUE
Netherlands
Telephone: +31 88 36 12017
Fax: +31 88 36 10665
E-mail: evidence.convention.rb.den.haag@rechtspraak.nl
General website:  
Contact person: Ms Nelleke van der Valk
Languages spoken by staff:  Dutch, English

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See the Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
Declaration of applicability.
Translation requirements
Arts 4(2) and 33):

Letters of Request will be accepted in Dutch, German, English or French, or if they are accompanied by a translation into one of these languages.

The Netherlands does not undertake to translate documents for the execution of a Letter of Request.

Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):

Fees paid to experts and interpreters and costs occasioned by the use of a special procedure requested by the State of origin under Article 9, paragraph 2, of the Convention shall be borne by the State of origin.

The Netherlands will request that any State of origin which has made a request pursuant to paragraph 1 of Article 26 should reimburse the fees and costs to which this paragraph refers.

Time for execution: No information available.
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - the Netherlands.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Under Dutch law, there is no requirement to provide a list of specific questions. However, it is considered beneficial for such a list to be presented along with the Letter of Request.
Is it a public or private hearing? Private hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second request is necessary.
Are there sanctions for non-appearance of witness? The court may order a witness to be brought before the court. Also, the witness may be kept in custody for up to 1 year if he/she refuses to testify.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The court makes a record of the court session and the testimony.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable. No prior permission is required.
Article 16 Applicable. No prior permission is required.
Article 17 Applicable. See Competent Authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.
Useful links:  
Competent authorities (Art. 8, 17) Art. 8: See here.
Art. 17: See here.
Additional authorities (Art. 24)  

Países Baixos - autoridade competente (Art. 8)

Any court that handles the request.

Países Baixos - autoridade competente (Art. 17)

President of the District Court in the area in which evidence is to be taken.

Polónia

Polónia - autoridades adicionais (Art. 24, 27a)

Articles 24 and 27 a – other authorities (in addition to the Central Authority) designated to receive request shall be the regional courts.

Polónia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice (Ministerstwo Sprawiedliwości)
Departament Współpracy Międzynarodowej i Praw Człowieka
Al. Ujazdowskie 11
00-950 Warsaw
P.O. Box 33
Poland
Telephone: +48 22 23 90 870
Fax: +48 22 62 80 949
E-mail: sekretariat.dwmpc@ms.gov.pl
General website: www.ms.gov.pl
Contact person: Mr Bartłomiej Jarosiński
Bartlomiej.Jarosinski@ms.gov.pl
+48 22 23 90 659
Languages spoken by staff: Polish, English, Russian

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into Polish.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Poland seeks reimbursement of costs under Art. 14(2).
Time for execution: Between 2 and 6 months approximately.
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Poland.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Only a list of matters to be addressed is required.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes but a second request is necessary.
Are there sanctions for non-appearance of witness? According to article 274 of the Polish Code of Civil Procedure, the court shall fine the witness for an unjustified non-appearance, then it shall summon him again and, in the event of repeated non-appearance, it shall fine him again and may order him to be brought forcibly to the court.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? Under Polish law, the testimony is transcribed in the minutes of the court session. In some instances, it may also be recorded by audio device.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Not applicable. See declarations.
Article 17 Not applicable. See declarations.
Article 18 Not applicable. See declarations.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Australia, Belarus, Bulgaria, China, Cyprus, Czech Republic, Estonia, Finland, France, Latvia, Lithuania, Germany, Romania, Russian Federation, Slovakia, Slovenia and Ukraine.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:  
Competent authorities (Art. 8, 15) See here.
Additional authorities (Art. 24, 27a) See here.

Polónia - autoridade competente (Art. 8, 15)

Ministerstwo Sprawiedliwości (Ministry of Justice)
Departament Współpracy Międzynarodowej i Praw Człowieka
Al. Ujazdowskie 11
00-950 WARSZAWA
P.O. Box 33
POLAND

Telephone: +48 22 23 90 870
Fax: +48 22 62 80 949
Email: sekretariat.dwmpc@ms.gov.pl
Website: https://www.gov.pl/web/sprawiedliwosc 

Language(s) of communication: Polish, English, French


Portugal

Portugal - autoridade competente (Art. 16)

Contact details:

Address: Direcção-Geral da Administração da Justiça
Ministério da Justiça
Av. D. João II, nº 1.08.01 D/E
Pisos 0, 9º ao 14º
1990-097 LISBOA
Portugal
Telephone: +351 217 906 200
Fax: +351 211 545 116
E-mail: miguel.a.vara@dgaj.mj.pt
General website: https://dgaj.justica.gov.pt
Contact person: Mr. Miguel Vara
Languages spoken by staff: Portuguese, English, French

Portugal - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Directorate-General of Justice Administration
Ministry of Justice

Contact details:

Address: Directorate-General for the Administration of Justice
Ministry of Justice
(Direcção-Geral da Administração da Justiça, Ministério da Justiça)
Av. D. João II, nº 1.08.01 - Edifício H Piso 14
1990-097 Lisboa
Portugal
Telephone: +351 21 790 65 00
Fax: +351 21 154 51 16
E-mail: correio.dsjcji@dgaj.mj.pt
General website:

https://dgaj.justica.gov.pt/Tribunais/Cooperacao-Judiciaria-Internacional (Portuguese)

https://dgaj.justica.gov.pt/English/International-Judicial-Cooperation (English)

Contact person: Mr. Miguel VARA
E-mail: miguel.a.vara@dgaj.mj.pt
Mrs. Cláudia KONG
E-mail: claudia.a.kong@dgaj.mj.pt
Languages spoken by staff: Portuguese, English, French, Spanish

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into Portuguese.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
There are no constitutional limitations.
Time for execution: Between 30 and 120 days, depending on the evidence that must be taken.
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Taking of Evidence and Mode of Proof - Portugal
e-Justice Portal

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? According to Article 178 of the Portuguese Civil Procedure Code, a Letter of Request shall be sent with the information strictly necessary.In principle, a list of specific questions is not required, however a list could be provided if necessary, unless Portuguese law prevents it.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes (articles 559 - 635 of the Civil Procedure Code).
Can the witness be made subject to further examination and recall? Yes. 
Are there sanctions for non-appearance of witness? Unless the witness presents a valid justification for non-appearance (such as a change of residence or illness), a fine will be imposed and the witness may be compelled by the police to give evidence.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The testimony will be recorded upon request of the parties or the court, or when required by law. The testimony will be transcribed only in specific situations (appeal) and this can be requested either by the parties or by the court (see article 685-B of the Civil Procedure Code).In any case, he Portuguese procedural law (article 422) requires all testimony given before the final hearing or by a letter to be recorded or transcribed.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable. See competent authority.
Article 16 Not applicable.
Article 17 Not applicable.
Article 18 Not applicable.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No. The Portuguese Civil Procedure Code allows the taking of evidence by video-link. See Law Decree 183/2000, 10.08.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? Under Portuguese civil procedure law, there is no provision that accepts the refusal of the witness because he or she is unwilling to give evidence using video-link.

Chapter II

Are there legal obstacles to the use of video links? No information available.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements Bilateral conventions on judicial co-operation: Angola, Cape Verde, Guinea Bissau, Mozambique, Sao Tome and Principe.
Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
Useful links:  
Competent authorities (Art. 16)  See here.
Additional authorities (Art. 24)  

Reino Unido da Grã-Bretanha e Irlanda do Norte

Reino Unido da Grã-Bretanha e Irlanda do Norte - autoridade competente (Art. 18, 24)

For England and Wales:
The Legalisation Office
The Foreign & Commonwealth Office
Norfolk House (West)
437 Silbury Boulevard
Milton Keynes MK9 2AH
United Kingdom
Telephone: +44 (0)1908 295 111 (09:30 - 15:30 Monday to Friday, excluding public holidays)
Fax: +44 (0)1908 295 122
E-mail: LegalisationOffice@fco.gov.uk
Website: www.fco.gov.uk
Language of communication: English
Contact person: the Central Authority

For Northern Ireland:
The Master Royal Courts of Justice, Queen's Bench and Appeals, Belfast 1
Chichester Street, 
BELFAST  BT1 3JF
Telephone: +44 28 9072 4639
Fax: +44 28 9072 4796
E-mail: frontofhousercj@courtsni.gov.uk
Website: www.justice-ni.gov.uk
Language of communication: English
Contact person: The Master

For Scotland:
Scottish Government Justice Directorate
Central Authority & International Law Team
St. Andrew's House (GW15)
EDINBURGH EH1 3DG
Scotland, UK
E-mail: angela.lindsay@gov.scot
tel.: +44 (131) 244 0460
fax: +44 (131) 244 4848

Reino Unido da Grã-Bretanha e Irlanda do Norte - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Senior Master, Foreign Process Section, Royal Courts of Justice

 

Contact details:

Address:

England and Wales:
The Senior Master
For the attention of the Foreign Process Section
Room E16
Royal Courts of Justice
Strand
LONDON WC2A 2LL

Scotland:
Scottish Government Justice Directorate
Central Authority & International Law Team
St. Andrew's House (GW15)
EDINBURGH EH1 3DG 

Northern Ireland:
The Master Royal Courts of Justice
Queen’s Bench and Appeals
Chichester Street
BELFAST BT1 3JF

Telephone:

England and Wales:
+44 207 947 7772 (option 2)

Scotland:
+44 131 244 0460 

Northern Ireland:
+44 28 9072 4639

Fax:  
E-mail:

England and Wales:
foreignprocess.rcj@justice.gov.uk

Scotland:
Angela.lindsay@gov.scot 

Northern Ireland:
frontofhousercj@courtsni.gov.uk

General website: Ministry of Justice
Contact person:

England and Wales:
The Senior Master

Scotland:
Angela Lindsay

Northern Ireland:
The Master

Languages spoken by staff: English

 

Practical Information

Blocking statutes:

Yes, please see:
Evidence (Proceedings in Other Jurisdictions) Act 1975.

Protection of Trading Interests Act 1980

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
The UK does not accept Letters of Requests written in French.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):

The United Kingdom rarely seeks reimbursement of costs under Art. 14(2). An example of such a request is in respect of experts fees, to seek a payment on account.

There is currently no policy in the United Kingdom for seeking reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, or the costs of any transcript of the evidence (Art. 26).

Time for execution: For oral and documentary, the time taken to process a request is usually between 6 and 12 months.
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

Evidence (Proceedings in Other Jurisdictions) Act 1975

England and Wales

Scotland

Northern Ireland

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Letters of Request should include specific questions.
Is it a public or private hearing? Private hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Yes.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes. First Request may be re-invoked.
Are there sanctions for non-appearance of witness? If a witness is ordered to attend, and such an order is endorsed with a penal notice, then if that witness fails to attend, they are in contempt of court, and may be fined or imprisoned as a result of their non-attendance.
Must interpreters who assist with the witness examination be court-certified? No.
How is the testimony transcribed? Audio recording.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable, no prior permissions required.
Article 16

Applicable, no prior permission required where reciprocal arrangements in place. 

Otherwise, see competent authority.

Article 17

Applicable, no prior permission required where reciprocal arrangements in place. 

Otherwise, see competent authority.

Article 18 Applicable, provided that the Contracting State whose diplomatic officer, consular agent or commissioner makes the application has made a declaration affording reciprocal facilities under Article 18. See competent authority.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements To consult bilateral and multilateral treaties to which United Kingdom is a party, click here.
Useful links: https://www.legislation.gov.uk/ukpga/1975/34/contents
Competent authorities (Art. 17)

Scotland:
Court of Session
Parliament House
Parliament Square
Edinburgh, EH1 1RQ
Tel. No. 0131 225 2595
supreme.courts@scotcourts.gov.uk

Additional authorities (Art. 24)  

Reino Unido da Grã-Bretanha e Irlanda do Norte - autoridade competente (Art. 16, 17)

England and Wales
The Senior Master
For the attention of the Foreign Process Section
Room E16
Royal Courts of Justice
Strand
LONDON WC2A 2LL

Scotland
Court of Session
Parliament House
Parliament Square
Edinburgh, EH1 1RQ
Tel. No. 0131 225 2595
supreme.courts@scotcourts.gov.uk


República Checa

República Checa - Autoridade Central (Art. 2, 24) e informações práticas

Central Authority(ies):

Ministry of Justice of the Czech Republic

Contact details:
Address: Vyšehradská 16
128 10 PRAHA 2
Czech Republic
Telephone: +420 221 997 925 
Fax: +420 221 997 919
E-mail: moc@msp.justice.cz
General website: http://www.justice.cz/
Contact persons: Ms Pavla Bellonová
Ms Zuzana Fišerová
Languages spoken by staff: Czech, English (French)

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes:

Certain restrictions might result from the Law No 101/2000 Coll. on Protection of the Personnal data.
Blocking statutes may also result from the legislation of the European Union.
There are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).
Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
In a small number of cases, Letters of Request are sent via the Ministry of Justice (Central Authority), especially where some difficulties are expected.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  No declaration made (i.e., accepts letters of request submitted in Czech, English and French).
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: The execution of the request takes between 2 to 3 months on average.
Art 23 pre-trial discovery of documents: Letter of Request may be executed (no declaration).
Information about domestic rules on the taking of evidence:  See: https://e-justice.europa.eu/content_taking_of_evidence-76-cz-cs.do?init=true&member=1
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? There is no law that requires specific questions to be included in the Letter of Request. However, courts are recommended to include a list of specific questions.
Is it a public or private hearing? Public hearing. Unless, it would endanger secret information protected by the law, trade secret, morality or an important interest of a party.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes but it would depend on the nature of the Request (e.g. if rephrase or restructure is possible).
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No, depending on the matter, the court might invite the witness to bring some documents that include the requested information.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? If the summoned person does not appear in the examination, the chairman of the panel may bring him or her forward by force if the person was previously warned and fails to appear without an excuse (§52 Czech Civil Procedural Code).
It is also possible to fine the person for not appearing in court without any serious excuse (§ 53 Czech Civil). Procedural Code).
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The testimony is transcribed to the minutes. It can be also recorded on request. Such a record would have MP3 data format. 
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable.
Article 16 Applicable (no permission required subject to reciprocity). Where permission required, see competent authority.
Article 17 Applicable. See competent authority.
Article 18 Applicable subject to reciprocity. See Competent Authority.
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links? No. Taking of evidence by video-link is not especially regulated in Czech law. The taking of evidence is in general terms regulated in the Civil Courts Procedure Law no. 99/1963 Coll.
Technology used: No information available.
Level of interpretation required: No information available. 
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.
Chapter II
Are there legal obstacles to the use of video links? No information available.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Albania,  Afghanistan, Australia, Austria, Algeria, Bahamas, Belarus, Belgium,  Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cuba, Cyprus, Fiji, France,  Germany, Greece, Hungary, Italy, Kenya, Kyrgyzstan, Lesotho, Republic of Moldova, Mongolia, Nauru, New Zealand, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Swaziland, Sweden, Switzerland, Syria, The former Yugoslav Republic of Macedonia, Tunis, Turkey,   Ukraine, United Kingdom of Great Britain and Northern Ireland, Uzbekistan, Vietnam, Yemen.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links: -

(This page was last updated on 23 July 2014)

República Checa - autoridade competente (Art. 16, 17, 18)

Diplomatic officers, consular agents or commissioners can request on the basis of reciprocity the competent court for executing of procedural act. Letters shall be sent to the Ministry of Justice:

Ministry of Justice
Vyšehradská 16
Praha 128 10
Czech Republic
Telephone: +420 221 997 925
Fax: +420 221 997 919
E-mail: moc@msp.justice.cz
Website: www.justice.cz
Language(s) of communication: Czech, English (French)
Contact persons: Ms Pavla Bello?ová, Ms Zuzana Fišerová

(This page was last updated on 11 February 2011)


República da Coreia

República da Coreia - Autoridade Central

Central Authority(ies):

National Court Administration

Contact details:

Address: National Court Administration
Attn: Director of International Affairs
Seocho-daero 219
Seocho-gu
SEOUL 06590
Republic of Korea
Telephone: +82 (2) 3480 1734
Fax: +82 (2) 533 2824
E-mail: international@scourt.go.kr
General website: https://eng.scourt.go.kr/eng/main/Main.work
Contact person: Director of International Affairs
Languages spoken by staff: Korean (by phone), English (by email/fax/in writing)

 

Practical Information

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request and the Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):

The Republic of Korea will accept only Letters of Request in Korean or English.

The Government of the Republic of Korea wishes to point out that the execution of Letters of Request which are not accompanied by a translation into Korean will take longer than that of Letters of Request with a Korean translation. The Republic of Korea will accept only Letters of Request in Korean from Contracting States which do not accept Letters of Request in either language referred to in the previous paragraph.

Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
1. Request for reimbursement of costs under Article 14(2)
Article 12(7) of the Act on International Judicial Mutual Assistance in Civil Matters provides that the Requesting State ensure the payment of expenses needed for execution of the Letter of Request.
N.B. Under Korean domestic law, there is no obligation upon the parties to secure evidence.
2. There are no constitutional limitations of the kind referred to in Article 26 of the Convention (regarding the reimbursement of fees and costs in connection with the execution of Letters of Request, the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence).
Time for execution:

The following data is in accordance with the recent survey conducted by the National Court of Administration.

In 2012, the Central Authority received 19 Letters of Request. Of these:
• 3 were executed in 2-4 months
• 1 was executed in 6-12 months
• 2 were executed in more than 12 months
• 13 were executed returned unexecuted

In 2014, 11 Letters of Request were received. Of these:
• 2 were executed in 2-4 months
• 2 were returned unexecuted
• 7 are currently pending 

In 2018, 10 Letters of Request were received. Of these:
• 1 were executed in 3months
• 2 were executed in 3-6months
• 2 were executed in 6-12months
• 1 were executed in more than 12 months
• 4 are currently pending

Pre-trial discovery of documents
Art. 23):
Qualified exclusion
Information about domestic rules on the taking of evidence:   

Civil Procedure Act and Civil Procedure Rules (Part II, Chapter III).Available at: http://www.law.go.kr/main.html

An English translation is available at: http://elaw.klri.re.kr/

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Yes, specific questions are required for witness examination.
Is it a public or private hearing? In principle, a public hearing is required, however the executing court may order that the hearing be closed (e.g., if there are compelling reasons that a witness has difficulty in testifying in front of a specific person, the presiding judge may order the person to leave the court room while the witness is examined).
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes. According to Article 292 of the Korean Civil Procedure Code, the judicial authorities may ex-officio conduct the examination of evidence. As such, the questions may be rephrased to correct errors in translation and objectionable questions or offensive wording may be rephrased or struck out.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes.
Are there sanctions for non-appearance of witness? Yes. Under Article 311 of the Korean Civil Procedure Code, when a witness fails to appear without any justifiable reasons, a court shall impose on them a fine for negligence not exceeding five million won. When a witness again fails to appear even after receiving a judgment of a fine for negligence under the previous article, without a lawful excuse, the court shall punish them by detention for not more than 7 days.
Must interpreters who assist with the witness examination be court-certified? Yes. More specifically, there is no requirement of a certification as interpreter. However, if a court is to conduct the examination, the court in which proceedings were initiated shall appoint an interpreter (Arts 143, 335 of the Civil Procedure Code).
How is the testimony transcribed? In principle, the sound recording of the testimony shall become part of the proceedings. Transcripts of the testimony may be attached to supplement the recording. 

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Not applicable
Article 17 Not applicable
Article 18 No declaration of applicability

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 8) See here
Additional authorities (Art. 24)  

República da Coreia - Autoridade competente (Art. 8)

For the purpose of Article 8, the competent authority shall be the National Court Administration.


Roménia

Roménia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice
Department of International Law and Treaties
Unit of judicial co-operation in civil and commercial matters
Strada Apollodor 17
Sector 5 Bucharest (Bucuresti)
Cod 050741
Romania
Telephone: +40372041077, +403742041078 (director's office)
+40372041083, +40372041217, +40372041218
Fax: +4037204 1079
E-mail: ddit@just.ro
General website: http://www.just.ro/
Contact person: Viviana ONACA Ph.d., Director
Languages spoken by staff: Romanian, English, French

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into Romanian, English and French.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Romania seeks reimbursement of costs under Art. 14(2).
Time for execution: No information available.
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

Law No. 189/2003 regarding international judicial assistance in civil and commercial cases.

European Judicial Network in Civil or Commercial Matters - Romania

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Under Romanian law, Letters of Request must include the questions to be asked to the persons to be examined or a statement of the subject matter on which they are to be examined.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes but a second request is necessary.
Are there sanctions for non-appearance of witness? Yes, a fine.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? According to Art. 198 (1) of the Civil Procedure Code, the testimony must be written down by the court clerk and signed (on each page) by the judge, the clerk and the witness.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Not applicable.
Article 17 Not applicable.
Article 18 Not applicable.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? The declaration of the witness can be recorded in shorthand, since he or she cannot be forced to testify using video-link.

Chapter II

Are there legal obstacles to the use of video links? Yes.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation:  Albania, Algeria, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cuba, Czech Republic, Democratic People's Republic of Korea, Egypt, Former Yugoslav Republic of Macedonia, France, Greece, Hungary, Italy, Mongolia, Morocco, Poland, Republic of Moldova, Russian Federation, Serbia, Spain, Syrian Arab Republic, Tunisia, Turkey, Ukraine, United Kingdom.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:  
Competent authorities (Art. 8) See here.
Additional authorities (Art. 24)  

Roménia - autoridade competente (Art. 8)

Ministry of Justice
Department of International Law and Treaties
Unit of judicial co-operation in civil and commercial matters
Strada Apollodor 17
Sector 5 BUCURESTI
Cod 050741
Romania
Tel: +40372041077, +403742041078 (director’s office)
Tel: +40372041083, +40372041217, +40372041218
Fax: +4037204 1079
Internet: http://www.just.ro/
E-mail: ddit@just.ro
Contact person: Viviana ONACA Ph.d., Director
Languages of communication: Romanian, English, French

(This page was last updated on 22 January 2010)


Sérvia

Sérvia - autoridade competente (Art. 8)

Ministry of Justice of the Republic of Serbia
Sector for international legal assistance
Department for international legal assistance in civil matters
Nemanjina 22/26 Str.
11000 Belgrade
Republic of Serbia
Tel +381 (11) 2685 672/+381 (11) 3631 078
Fax: +381 (11) 3622 352

Contact persons:

Languages spoken by staff: Serbian, English

Sérvia - autoridade competente (Art. 18)

Competent Organ for application of Article 18 of the Convention is the First Instance Court in the Republic of Serbia in whose area person has permanent or temporary residence.

Sérvia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice of the Republic of Serbia
Sector for international legal assistance
Department for international legal assistance in civil matters
Nemanjina 22/26 Str.
11000 Belgrade
Republic of Serbia
Telephone: +381 11 2685 672
+381 11 3631 078
Fax: +381 11 3622 352
E-mail: mlacivil@mpravde.gov.rs
General website: www.mpravde.gov.rs
Contact person: Ms Maja Cvetanović
Ms Sanja Kos
Ms Ružica Lazović
Languages spoken by staff: Serbian, English

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: The courts, public enforcement officers and notary public send letters of request from the Republic of Serbia to the Central Authority of the requested State. Competent Authorities from other countries send the letters of request to the Central Authority of the Republic of Serbia (Ministry of Justice).
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Court Employees of the requesting State can be present in the execution of the Request in the Republic of Serbia after having obtained permission from the Ministry of Justice. See declarations.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 
Translation requirements
Arts 4(2) and 33):
The Republic of Serbia has made a reservation as to the application of Article 4(2) in accordance with Article 33. Therefore, the Letter of Request submitted to the Central Authority of the Republic of Serbia must be drafted in Serbian language, or accompanied by a certified translation into Serbian language
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
No declaration.
Information about domestic rules on the taking of evidence:  Taking of evidence is regulated by Articles 228-288 of Civil Procedure Law ("OfficialGazette of the RS", No. 72/2011, 49/2013 –CC decision, 74/2013 –CC decision, 55/2014, 87/2018 i 18/2020).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Not specified in the Civil Procedure Law.
Is it a public or private hearing? Civil Procedure Law prescribes that the hearings are public and only persons older than 16 years may attend the hearing, unless otherwise determined by the law.

The court may exclude the public from the whole trial or its part if it is required by reasons of national security, public security, moral, public policy, privacy of the parties involved or when determined by the law. The court may also exclude the public in case when measures for maintaining the order provided under this law would not be sufficient to secure that the proceedings are conducted without disruption.

Exclusion of the public does not apply to the parties, their legal representatives, attorneys and intervenors. The court may allow certain officials as well as scientists and public officials to attend the trial where the public has been excluded, if in the interest of their official activity, scientific or public office The court may allow, upon the motion of a party, presence of two persons at most, designated by such party.

The court will warn persons attending the trial where public is excluded that they are obliged to keep confidential all they learn at the trial, and instruct them about consequences of the breach of such confidentiality.

The court shall decide about exclusion of the public in the form of a ruling that must contain the statement of reasons and must be publicly pronounced. No special appeal is allowed against the ruling on exclusion of the public.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No
Are documents produced by the witness authenticated by the court? Yes, in the case of doubt.
Is an oath generally administered to the witness? No
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? Yes
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? By means of written (typed) or stenographic transcript, or by means of audio /video recording.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 Applicable

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements Agreement between the Republic of Serbia and Montenegro on Mutual Legal Assistance in Civil and Criminal Matters of 29 May 2009 (Official Gazette of the RS –International Treaties, No 1/10

Agreement on Mutual Legal Assistance in Civil and Criminal Matters between the Republic of Serbia and the Republic of Macedonia of 29November 2011 (Official Gazete of RS –International Treaties, No 5 of 22 November 2012)

Agreement on Mutual Legal Assistance in Civil and Criminal Matters between the Republic of Serbia and the Republic of Slovenia of 15 April 2011 (Official Gazete of RS – International Treaties, No 5 of 22 November 2012)

All three agreements allow court-to-court (and other authorised authorities) performance of certain procedural actions (hearing of parties, witnesses, taking of hereditary statements, etc.)

Agreement between the Republic of Serbia and Bosnia and Herzegovina on amendments and supplements to the Agreement between Serbia and Montenegro and Bosnia and Herzegovina on legal assistance in civil and criminal matters of 26 February 2010

This agreement allows court-to-court (and other authorised authorities) service for providing legal assistance in administrative matters, as well as for submitting an invitation for probate hearing or taking a hereditary statement in probate proceedings
Useful links: https://www.mpravde.gov.rs/tekst/25261/bilateralni-sporazumi-u-gradjanskim-stvarima-.php
https://portal.sud.rs/cr/medjunarodna-pravna-pomoc-(judicial-atlas)
Competent authorities (Art. 8) See here.
Additional authorities (Art. 18)  See here.

Singapura

Singapura - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Registrar of the Supreme Court

 

Contact details:

Address: Supreme Court of Singapore
1 Supreme Court Lane
Singapore 178879
Telephone: +(65) 6336 0644
Fax: -
E-mail:

SUPCOURT_Registry@supcourt.gov.sg

General website:

http://www.supremecourt.gov.sg/

Contact person:

Registrar of the Supreme Court

Languages spoken by staff:

English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Singapore does not have specific foreign statutes but we have general statutory provisions that prevent disclosure of matters relating to State interests.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Attorney-General's Chambers.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

No declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into English.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Singapore seeks reimbursement of costs under Art. 14(2) and (3).

There are constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26). From our past cases, the approximate amount of fees and costs incurred in applying for a typical order for the examination of the witness and in obtaining and serving the process to compel the witness’ attendance is around S$3,400.

Time for execution:

Time for execution may vary depending on the request.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified execution).

Information about domestic rules on the taking of evidence: 

Evidence (Civil Proceedings in Other Jurisdictions) Act, Chapter 98, Revised Laws of Singapore and Order 66 of the Rules of Court, Chapter 322, Rule 5, Revised Laws of Singapore.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

In the absence of local counsel representing the party requesting evidence to be taken, specific questions are required.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

This is a matter for judicial interpretation and has not been determined conclusively or subject to judicial interpretation in Singapore.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes.

Are there sanctions for non-appearance of witness?

Contempt of court proceedings.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Through Notes of Evidence certified by the Assistant Registrar.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Not applicable.

Article 16

Not applicable.

Article 17

Not applicable.

Article 18

Not applicable.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Article 9 of the Convention provides that the judicial authority which executes a Letter of Request shall apply its own law as to the methods and procedures to be followed. In this regard, section 4(1) of the Evidence (Civil Proceedings in Other Jurisdictions) Act, Chapter 98, Revised Laws of Singapore gives the High Court the power by order to make such provision for obtaining evidence in Singapore as may appear to the High Court to be appropriate for the purpose of giving effect to the request. This includes the taking of evidence by video-link.

Technology used:

A secured video-link on a private network is utilised.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

Not applicable.

Chapter II

Are there legal obstacles to the use of video links?

Not applicable.

Technology used:

Not applicable.

Level of interpretation required:

Not applicable.

Simultaneous or in sequence interpretation:

Not applicable.

Interpretation required in which jurisdiction?

Not applicable.

Who pays for the interpretation?

Not applicable.

Bilateral or multilateral agreements

1. Convention between the United Kingdom and Austria regarding legal proceedings in civil and commercial matters

2. Convention between the United Kingdom and Italy regarding legal proceedings in civil and commercial matters

3. Convention between the United Kingdom and Germany regarding legal proceedings in civil and commercial matters
4. Treaty on Judicial Assistance in civil and commercial matters between the Republic of Singapore and the People’s Republic of China

Useful links:

Evidence (Civil Proceedings in Other Jurisdictions) Act, Chapter 98, Revised Laws of Singapore, available at <https://sso.agc.gov.sg/Act/ECPOJA1979>

Order 66 of the Rules of Court, Chapter 322, Rule 5, Revised Laws of Singapore, available at <https://sso.agc.gov.sg/SL/SCJA1969-R5?ProvIds=PO66-#PO66->


Sri Lanka

Sri Lanka - Autoridade Central (Art. 2) e informações práticas

Central Authority:

Secretary
Ministry of Justice

Contact details:
Address: Secretary
Ministry of Justice 
Superior Courts Complex
COLOMBO 12
Sri Lanka
Telephone: +94 11 244 9959/+ 94 11 2 323979
Fax: +94 11 2 44 5447
E-mail: secretary@justiceministry.gov.lk
General website: http://www.justiceministry.gov.lk
Contact person: Mr. Padamasiri Jayamanne, Secretary
Languages spoken by staff:

English, Sinhala/Tamil

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes: Not provided for by Sri Lankan law. 
Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): The prior authorisation of the Competent Authority designated under Article 2 would be required. See declarations.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration.
Translation requirements (Arts 4(2) and 33):  The letter of request should be in the English language or if in French, accompanied by an English translation. See declarations.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): The Government of Sri Lanka does not charge a fee to execute a request. See declarations.
Time for execution: 3-4 months.
Art 23 pre-trial discovery of documents: Full exclusion. See declarations.
Information about domestic rules on the taking of evidence:  Evidence Ordinance No.14 of 1895 and amendments. Mutual Legal Assistance in Civil and Commercial Matters Act No. 39 of 2000.
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? A questionaire containing specific questions is required.
Is it a public or private hearing? Public hearing (Not in Camera)
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes, possible.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No
Are documents produced by the witness authenticated by the court? Yes
Is an oath generally administered to the witness? Yes
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? Yes (costs)
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? Court Staff/Stenographers
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Not applicable
Article 16 Not applicable
Article 17 Not applicable
Article 18 Not applicable
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  
Chapter II
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
Bilateral or multilateral agreements  
Useful links:  

(This page was last updated on 31 August 2017)


Suécia

Suécia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Division for Criminal Cases and International Judicial Co-operation,
Ministry of Justice

Contact details:

Address: Division for Criminal Cases and International Judicial Co-operation
Ministry of Justice
S-103 33 Stockholm
Sweden
Telephone: +46 8 405 45 00
Fax: +46 8 405 46 76
E-mail: ju.birs@gov.se
General website: http://www.government.se/government-of-sweden/ministry-of-justice/international-judicial-co-operation/judicial-cooperation-in-civil-and-commercial-matters/
Contact person: Mr Ashraf Ahmed
Languages spoken by staff: English

 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Sweden has not adopted any additional blocking statutes in its national legislation. 

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request, via the central authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Yes, no prior authorisation required (declaration of applicability).
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Request written in, or translated into Swedish, English or French.  Also accepts Letters of Request written in Norwegian and Danish.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
No information available.
Time for execution: No information available.
Pre-trial discovery of documents
Art. 23):
Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

The European E-justice portal

The Swedish Code of Judicial Procedure - Regeringen.se

Act on the taking of evidence for a foreign court of law (1946:816) (in Swedish)

Proclamation with certain provisions on the use of the Act on the taking of evidence for a foreign court of law (1947:848) (in Swedish)

Act on the taking of evidence at a foreign court of law (1946:817) (in Swedish)

Proclamation with certain provisions on the use of the Act on the taking of evidence at a foreign court of law (1947:847) (in Swedish)

The Act on the taking of evidence for certain international bodies (in Swedish)

The Act on the taking of statements under oath fort the protection of rights abroad (in Swedish)

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? No requirements under Swedish law.
Is it a public or private hearing? The hearing is - in general - public. In certain cases, for reasons of secrecy, the hearings can be held behind closed doors.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? A request under the Evidence Convention shall be complied with unless it is incompatible with Swedish law and the requested procedure is not impossible to apply on account of the procedure for the taking of evidence in a Swedish court or for practical reasons. Under these conditions, a judge may strike out certain questions.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No requirements under Swedish law. In practice both alternatives are applied.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes. Second Request necessary.
Are there sanctions for non-appearance of witness?

A witness who does not appear before the court may receive fined or be compelled to appear.

If a witness without valid excuse, refuses to take an oath, to testify, to answer a question, or to obey certain court orders, the court shall order the witness to perform his/her duty under penalty of fine, and, if the witness continues to refuse, under penalty of detention.

Must interpreters who assist with the witness examination be court-certified? Yes, interpreters must be authorised by the Legal, Financial and Administrative Service Agency (Kammarkollegiet). However, if an authorised interpreter is not available, the court may appoint a person who is deemed to be well suited for the task. Every person appointed to assist as an interpreter shall take an oath to execute the assignment to the best of his or her ability.
How is the testimony transcribed? No information available.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable, prior permission required 
Article 16 Applicable, prior permission required 
Article 17 Applicable, prior permission required 
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No. From a Swedish point of view the taking of evidence must be interpreted to encompass the usage of modern technique, such as video-link.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links?

No. From a Swedish point of view the taking of evidence must be interpreted to encompass the usage of modern technique, such as video-link.

Technology used: No information available.
Level of interpretation required: No information available. 
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available. 
Who pays for the interpretation? No information available.

Other Information

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: United Kingdom

Multilateral conventions on judicial co-operation:
Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

1974 Agreement between Sweden, Denmark, Finland, Iceland and Norway concerning mutual legal assistance.

Useful links: Judicial cooperation in civil and commercial matters - Government Offices of Sweden.
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Suíça

Suíça - autoridade competente (Art. 8)

The competent authority varies from canton to canton. Information may be acquired from the cantonal Central Authorities.

Suíça - autoridades competentes (Art. 15, 16, 17)

1. Autorités centrales compétentes (https://www.rhf.admin.ch/rhf/fr/home/zivilrecht/behoerden/zentralbehoerden.html)

2. Département fédéral de justice et police
Office fédéral de la Justice (OFJ)
Unité Droit international privé
Bundesrain 20
3003 Berne
tel.: +41 (58) 463 88 64
fax: +41 (58) 462 78 64
Courriel : ipr@bj.admin.ch
Site web : www.bj.admin.ch/
Langue(s) de communication : français, allemand, italien, anglais
Personne à contacter : Mme Silvia Madarasz-Garolla

Suíça - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Cantonal Central Authorities
A list of the Central Cantonal Authorities including their address and phone/fax numbers can be consulted online at the following address: https://www.rhf.admin.ch/rhf/de/home/zivilrecht/behoerden/zentralbehoerden.html.
To determine the Central Authority competent by reason of its location, the database of the Swiss localities and Courts can be consulted online at the following address: http://www.elorge.admin.ch/.

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

La Suisse ne connaît pas de lois de blocage en tant que telles.  Il existe toutefois dans certaines lois des dispositions limitant la participation en Suisse à des procédures d'entraide judiciaire d'obtention de preuves, à savoir :

  • Protection de la souveraineté suisse : le Code pénal suisse (RS 311.0) contient les dispositions suivantes relatives à la sauvegarde de la souveraineté territoriale de la Suisse et étrangère : art. 271 (Actes exécutés sans droit pour un État étranger), art. 273 (Service de renseignements économiques), et art. 299 (Violation de la souveraineté territoriale étrangère) CP.
  • Secret bancaire : la loi sur les banques (LB, RS 952.0) contient à l'art. 47 LB l'obligation du secret bancaire. Ce secret n'est toutefois pas absolu et est levé dans certaines circonstances, notamment en cas de fraude ou autres délits pénaux. L'alinéa 5 réserve néanmoins les dispositions de la législation fédérale et cantonale sur l'obligation de renseigner l'autorité et de témoigner en justice. Une demande peut donc avoir différentes issues, selon son lieu d'exécution.
  • Dispositions du Code de procédure civile suisse (CPC) relatives au droit de refus de témoigner: - Art. 156 Sauvegarde d'intérêts dignes de protection: Le tribunal peut ordonner des mesures propres à éviter que l'administration des preuves ne porte atteinte à des intérêts dignes de protection des parties ou de tiers, notamment à des secrets d'affaires.
    • - Art. 160 Obligation de collaborer à l'administration des preuves.
    • - Art. 163 Droit de refus de témoigner des parties
    • - Art. 165, Art. 166 Droit de refus absolu ou restreint de témoigner des tiers
    • - Dans certaines procédures, les droits de refus de témoigner ne s'appliquent pas, notamment dans les affaires de droit de la famille concernant les enfants: Art. 296 CPC
  • Secret professionnel: code pénal suisse art. 321, qui dispose toutefois que demeurent réservées les dispositions fédérales ou cantonales statuant une obligation de renseigner une autorité ou de témoigner en justice.
  • Protection des sources: Code pénal suisse art. 28a. 

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

In most cantons, Letters of Request are sent directly from a judicial authority in that canton to the Central Authority of the requested State.

In other cantons, Letters of Request are first sent to the cantonal Central Authority before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

In most cantons, the judicial authority competent to execute the request, via the central authority.

In other cantons, the Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Yes, prior authorisation required (declaration of applicability).

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Request written in or translated into the language of the requested authority, i.e. in German, French or Italian, depending on the region of Switzerland in which they are to be executed (see reservation).

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Such scenarios would only arise in exceptional cases (e.g. doctor's fees for saliva tests).

Time for execution:

Up to four months (est.).

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified exclusion).

Information about domestic rules on the taking of evidence: 

See OFJ guidelines on international judicial assistance in civil matters.

A new Swiss Code of Civil Procedure enters into force on 1 January 2011.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Most cantons require questions to be drafted with sufficient certainty and clarity (otherwise, the request is returned for redrafting). If the fact scenario is clear, questions do not need to be drafted in great detail. Experience shows that a list of detailed questions will speed up proceedings.

Is it a public or private hearing?

Practice varies from canton to canton. The new Swiss Civil Procedure Code requires proceedings and the deliberations of judgments to be public, with the exception of family proceedings. The judge may order all or part of the proceedings to be held behind closed doors where it is in the public interest or the legitimate interests of one of the parties to do so. All witnesses are examined in the absence of other witnesses; leave to confront the witness may be sought.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes (in most cantons).
No (in other cantons).

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No (in most cantons).
Yes (in other cantons).

Is an oath generally administered to the witness?

No (in most cantons).
Yes (in other cantons).
The new Swiss Code of Civil Procedure does not provide for the administration of oaths.

Can the witness be made subject to further examination and recall?

Yes.
In most cantons, the first Request may be re-invoked.

In other cantons, a second Request necessary.

Are there sanctions for non-appearance of witness?

In general, potential sanctions include an order to pay incurred costs, fine and ultimately the possible application of art. 292 of the Swiss Penal Code in cases of repeat failure to appear.
Under the new Swiss Code of Civil Procedure, non-parties who refuse to appear without legal grounds or recognized exemption may face sanctions (court-ordered fine, application of art. 292 of the Swiss Penal Code, enforcement by the police, fee charge). Non-parties face the same sanctions for failure to comply.

Must interpreters who assist with the witness examination be court-certified?

Practice varies from canton to canton.

How is the testimony transcribed?

Written minutes of the hearing are prepared, and occasionally audio recordings are made which are later transcribed. 
Under the new Swiss Code of Civil Procedure, the substance of the testimony is recorded in the minutes and signed by the witness. Alternatively, testimony may be recorded on magnetic tap, by video, or by any other appropriate means.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.

Article 16

Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.

Article 17

Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.
Most cantonal Central Authorities consider the legal basis for such measures to be found in the functional development of the Convention.
Some Central Authorities have nevertheless based these measures on arts 7 and 8 of the Convention. This type of measure has not yet been used by any of the cantonal Central Authorities consulted. It also raises economic issues as well as practical issues such as the allocation of costs and the availability of equipment (between the requested authorities, requesting authorities, and parties). Further, there is the issue of identifying the persons giving and taking the evidence, as well as technology issues (system compatibility, IT security).

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

The issue has not yet arisen. Several theoretical responses have been postulated. The application by analogy of coercive measures available in respect of witnesses who refuse to testify or comply with court orders could be envisaged. For their part, some cantonal Central Authorities would abandon the use of video-link.
On the other hand, one Central Authority has indicated that, in cases where the participation of the parties and foreign judicial personnel was based on arts 7 and 8 respectively of the Convention, the witness was not entitled to refuse the video-link. Potential issues could arise in terms of the legality of video recording.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation:
Austria, Belgium, Czech Republic, Estonia, France, Germany, Greece, Hungary, Italy, Luxemburg, Pakistan, Slovakia, Turkey.

Useful links:

International Mutual Legal Assistance in Civil Matters - Federal Office of Justice


Türkiye

Türkiye - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Directorate General for Foreign Relations and EU Affairs  
Ministry of Justice

Contact details:

Address: Directorate General for Foreign Relations and EU Affairs
Ministry of Justice
Adalet Bakanlığı Ek Binası
Namık Kemal Mah. Milli Müdafaa Caddesi No:22
Kızılay Çankaya / ANKARA Turkey
Telephone: +90 (312) 414 80 51
Fax: +90 (312) 219 4523
E-mail: diabgm@adalet.gov.tr
General website: http://diabgm.adalet.gov.tr/
Contact person: Özgür Karaca
Lina Islam
Languages spoken by staff: Turkish, English

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration.
Translation requirements
Arts 4(2) and 33):
Letters of request which are to be executed under the Chapter I of the Convention, shall be in Turkish or be accompanied by a Turkish translation in compliance with Article 4, paragraphs 1 and 5. (see declarations).
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
In accordance with Article 26, the costs are not requested. For the purpose of Article 14 of the Convention, requests for costs are evaluated by our judicial authorities.
Time for execution: Approximately 2-6 months.
Pre-trial discovery of documents
Art. 23):
Full exclusion. See declarations.
Information about domestic rules on the taking of evidence:  Detailed regulations are available between Articles 187 and 293 of the Code of Civil Procedures.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? It is preferable that the list of questions is sent.
Is it a public or private hearing? Public hearing, unless a judge determines otherwise pursuant to applicable law.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No. However, before the witness is heard, the witness is informed by the judge about the event to be testified.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Yes. However the ones who are not over 15 when heard and the ones without sensibility so as to comprehend the nature and importance of the oath are heard without oath.
Can the witness be made subject to further examination and recall? Yes, If the court needs, a second Request is necessary.
Are there sanctions for non-appearance of witness? Yes. Article 245 of the Code of Civil Procedure is as follows:
“Without prejudice to the provisions prescribed by law, any person who has been subpoenaed to testify is obliged to appear. A witness who, after being subpoenaed according to the regulator procedural rules, fails to appear without notifying the reason of his absence shall be subpoenaed by the use of force and shall be subject to a restitution covering the losses of failing to appear and a disciplinary fine of up to five hundred Turkish Liras. Where a witness who has been subpoenaed by the use of force subsequently submits the reasons justifying his previous absence, the decision on the restitution of losses and the disciplinary fine shall be revoked.”
Must interpreters who assist with the witness examination be court-certified? The interpreters are assigned by the justice commissions of the judiciary of the regional court of justice in the jurisdiction from the list which is drawn up each year. In the event that the interpreter is not available for that expertise are, the interpreter is assigned from the lists of the other regional court of justice, if not available, an interpreter is assigned out of the list.
How is the testimony transcribed? The testimony of the witness is written to the minutes and read before the witness and the minutes is undersigned by the witness, the judge and the clerk.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 No declaration of applicability

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements Bilateral Agreements:
Full list here
Useful links:  
Competent authorities (Art. 16, 17) See here.
Additional authorities (Art. 24)  

Türkiye - autoridade competente (Art. 16, 17)

Ministry of Justice
General Directorate for International Law and Foreign Relations


Ucrânia

Ucrânia - Autoridade central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice of Ukraine 

Contact details:
Address: Competent authority (Art. 8)
Ministry of Justice of Ukraine
Directorate on International Law and Co-operation
Department on International Law
13, Horodetskogo St.
Kyiv, 01001
Ukraine
Telephone: +380 44 279 69 77
+380 44 278 11 76
+380 44 279 72 56
Fax: +380 44 278 11 76
E-mail: mdcivil@minjust.gov.ua or ilad@minjust.gov.ua 
General website: http://www.minjust.gov.ua/
Contact persons:
  • Ms Kateryna Shevchenko, Deputy Head of the Directorate; Head of the Department on  International Law (Russian, English, French)
  • Mrs Ryabets Tetyana, Deputy Head of the Division on Private International Law (Russian)
  • Mrs Victoria Bilokon, Chief specialist of the Division on private International Law (Russian, English)
Languages spoken by staff: Ukrainian, Russian, English, French

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes: No blocking statute in force. 

However, under the Civil Procedural Code of Ukraine, as a general rule, a person may not be questioned as a witness when that person in under a legal obligation of secrecy owing to his/her official or professional duty.

The disclosure by a bank of information containing bank secrecy with regard to a natural or legal person may be decided by a court pursuant to a special proceeding brought by a reasoned application, and only in cases determined by the law.

Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): Accepts Letters of Requests in or translated into Ukrainian (see reservation).
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests in or translated into Ukrainian (see reservation).
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Ukraine has not sought any reimbursement of costs under Arts 14(2) and 26 before 2008.
Time for execution: In general 2-3 months.
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  Requests on taking evidences are executed according to the Ukrainian legislation.  

The Ministry of Justice of Ukraine together with the State Court Administration of Ukraine has issued an Instruction on the Procedure of the Implementation of International Treaties on the Provision of the Legal Assistance in Civil Matters in Respect of the Service of Documents, the Obtainment of Evidence, and the Recognition and the Execution of Judicial Decisions (27.06.2008 No. 1092/5/54).

A chapter of the Instruction is dedicated to particularities of applying the Hague Evidence Convention in relation to incoming and outgoing requests.

Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Letters of Request should include specific questions, according to which the witness should be examined.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Ukrainian legislation does not have any special provisions on this issue.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? The witness may produce written evidence, however courts as a rule only certify the authenticity of a copy.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes.
Are there sanctions for non-appearance of witness? A properly called witness, who without reasonable excuse did not appear before the court or did not give a reason for non-appearance, may be subjected to delivery to the court the internal affairs bodies.

The court announces writ of delivery, where the following information is mentioned: the name of the individual, who should be delivered, place of residence, work or studies, reasons for delivery, when and where this person should be delivered, who is responsible for delivery.

Writ of delivery is announced to the witness by the enforcement officer.

In case of impossibility of the delivery of the witness, the enforcement person through the head of the internal affairs body immediately returns it to the court, providing the reasons for non-enforcement.

Must interpreters who assist with the witness examination be court-certified? No. 
How is the testimony transcribed? According to the Ukrainian legislation, full trial recording using audio recording technology is provided during the court proceedings.

At the same time the secretary of the court hearing keeps the written court records.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable, no prior permission required.
Article 16 Not applicable (see reservation).
Article 17 Not applicable (see reservation).
Article 18 Not applicable (see reservation).
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links? The Civil Procedural Code of Ukraine does not provide for special procedures to take evidences by video-conference. However, the Code contains general provisions that allow the use of technical devices.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.
Chapter II
Are there legal obstacles to the use of video links? No information available.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements Bilateral conventions on judicial co-operation:

Bulgaria, China, Cuba (not yet in force), Cyprus, Czech Republic, Democratic People's Republic of Korea, Estonia, Georgia, Greece, Hungary, Islamic Republic of Iran (not yet in force), Latvia, Lithuania, Republic of Moldova, Mongolia, Poland, Romania, the Former Yugoslav Republic of Macedonia, Turkey, Uzbekistan, Viet Nam.

Multilateral conventions on judicial co-operation: Minsk Convention on legal assistance and legal relations in civil, family and criminal matters.

Useful links:  

(This page was last updated on 25 July 2014)

Ucrânia - autoridade competente (Art. 8)

Ministry of Justice of Ukraine
Directorate on International Law and Co-operation
Department on International Law   
13, Horodetskogo St.
Kyiv, 01001
Ukraine
Telephone: +380 44 278 11 76, +380 44 279 69 77 or + 380 44  279 72 56
Fax: +380 44 278 11 76
E-mail: mdcivil@minjust.gov.ua or ilad@minjust.gov.ua
Website: www.minjust.gov.ua
Language(s) of communication: Ukrainian, Russian, English, French

Contact persons:

  • Mrs Kateryna Shevchenko, Deputy Head of the Directorate – Head of the Department on International Law (Russian, English, French)
  • Mrs Ryabets Tetyana, Deputy Head of the Division on Private International Law (language of communication: Russian)
  • Mrs Victoria Bilokon, Chief specialist of the Division on Private International Law (languages of communication: Russian, English)
  • Mr Maksym Chubur, Chief specialist of the Division on Private International Law (languages of communication: Russian, English)
(This page was last updated on 20 February 2013)

Venezuela (República Bolivariana da)

Venezuela - Central Authority (Art. 2)

Central Authority(ies):

Ministerio del Poder Popular Para Relaciones Exteriores
(Ministry of Popular Power for Foreign Affairs)

Contact details:

Address: Ministerio del Poder Popular para Relaciones Exteriores
Dirección del Servicio Consular Extranjero
Oficina de Relaciones Consulares
(Ministry of People's Power of Foreign Affairs
Directorate of the Foreign Consular Service
Office of Consular Affairs)
Edificio Anexo a la Torre MRE, piso 1
Avenida Urdaneta – Esquina Carmelitas a Puente Llaguno
Caracas 1010
Venezuela
Telephone: +58 (0) 212-8064449/8020000
Ext. 6701-6704-6707-6708-6709- 6713.
Fax:  
E-mail: relaciones.consulares@mppre.gob.ve
exhortos.rogatorias@mppre.gob.ve
General website: http://www.mppre.gob.ve/
Contact person:
  • Christians Eduardo Sánchez Oloyola
    Director General de la Oficina de Relaciones Consulares
    Director- General of the Office of Consular Affairs
    Telephone: +58 (212) 8064449 / 802-8000 Ext. 6701-6713
    Email: Christians.sanchez70@mppre.gob.ve

  • Raquel Dayanna Diaz Vivas
    Directora del Servicio Consular Extranjero
    (Director of Foreign Consular Service)
    Telephone: +58 (212) 8064449 / 802-8000 Ext. 6713
    E-mail: Raquel.diaz64@mppre.gob.ve

  • Darío Andrés Márquez Colmenares
    Coordinador de Cooperación Jurídica Internacional
    (Coordinator for the International Cooperation Matter)
    Telephone: +58 (212) 8064449 / 802-8000 Ext. 6704
    E-mail: dario.marquez42@mppre.gob.ve
Languages spoken by staff:

Spanish, English

 

Practical Information

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Through the Central Authority (Office of the Consular Affairs).
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
NA (Not Applicable)
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): NA (Not Applicable)
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
NA (Not Applicable)
Translation requirements
Arts 4(2) and 33):
The Bolivarian Republic of Venezuela Shall not accept documents to be served unless they are accompanied by a corresponding translation into Spanish, because the Venezuelan reservation authorised by the article 33.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
It is free.
Time for execution: Venezuelan law does not establish a period of time for services to be made.
Pre-trial discovery of documents
Art. 23):
NA
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? It’s preferable it includes specific questions to be used during witness examination.
Is it a public or private hearing? Generally, the hearings are public but the judge can order a specific hearing be private.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? It depends. For ex. It could not be executed if the offensive wording is against any official authority or children.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? He/she is not.
Are documents produced by the witness authenticated by the court? They are.
Is an oath generally administered to the witness? It is.
Can the witness be made subject to further examination and recall? She or he can.
Are there sanctions for non-appearance of witness? There are not.
Must interpreters who assist with the witness examination be court-certified? Must be.
How is the testimony transcribed?

According to the Article 485 of the C.PC. “(...). The witness statement shall be recorded in an act to be signed by the judge, the court clerk, the witness and the parties or their representatives, unless any technical means of reproduction or recording are used, in which case shall be proceeded as indicated in Article 189 of this Code.

All act of the court shall also be carried out in writing, under the dictation or instructions of the Judge, in clear and lay terms (Art.188 CPC.). (...) Statements by the parties, affidavits, witness statements and any other judicial proceedings to be recorded on the record may be taken through the use of some technical means of reproduction or recording of the act, at the request of the judge or at the request of any other party. In these cases, the recording shall be kept in the custody of the Judge (...) (Article 189 CPC).

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Not applicable.
Article 16 Not applicable.
Article 17 Not applicable.
Article 18 Not applicable.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No information available.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? Not applicable.
Technology used: Not applicable.
Level of interpretation required: Not applicable.
Simultaneous or in sequence interpretation: Not applicable.
Interpretation required in which jurisdiction? Not applicable.
Who pays for the interpretation? Not applicable.

Other Information

Bilateral or multilateral agreements Inter-American Convention on Letters Rogatory (Panama City, 13 Junuary 1975). Additional Protocolo to the Inter-American Convention on Letters Rogatory (Montevideo, 8 May 1979).
Useful links: See www.oas.org.
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Venezuela - Autoridade Central (Art. 2)

Central Authority(ies):

Ministerio del Poder Popular Para Relaciones Exteriores
(Ministry of Popular Power for Foreign Affairs)

Contact details:

Address: Ministerio del Poder Popular para Relaciones Exteriores
Oficina de Relaciones Consulares
(Ministry of People's Power of Foreign Affairs
Office of Consular Affairs)
Avenida Urdaneta
Esquina Carmelitas a Puente Llaguno
Torre Anexo a Torre MRE Piso 1
Caracas, 1010
República Bolivariana de Venezuela
Telephone: +58 (0) 212 806 4449/802-800, Ext. 6701-6704-6709-6713
Fax: -
E-mail: relaciones.consulares@mppre.gob.ve
exhortos.rogatorias@mppre.gob.ve
General website:

http://www.mppre.gob.ve/ 

Contact persons:
  • Eulalia Tabares Roldán
    Directora General de la Oficina de Relaciones Consulares
    Director-General of the Office of Consular Affairs
    Telephone: +58 (212) 8064449 / 802-8000 Ext. 6701-6713
    E-mail: eulalia.tabares@mppre.gob.ve
  • Eudys Javier Almeida Gaona
    Director del Servicio Consular Extranjero
    Director of Foreign Consular Service
    Telephone: +58 (212) 8064449 / 802-8000 Ext. 6713
    E-mail: eudys.almeida831@mppre.gob.ve
  • Ms. Raquel Dayanna Díaz Vivas 
    Coordinadora Jurídica Internacional
    International Legal Coordinator
    Telephone: +58 (212) 8064449 / 802-8000 Ext. 6712
    E-mail: raquel.diaz@mppre.gob.ve
    Language: Spanish and English
Languages spoken by staff: Spanish, English

Vietname

Vietname - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice
International Law Department
58-60 Tran Phu Street, Ba Dinh District, Ha Noi
Viet Nam
Telephone: +84 (24) 62739451
+84 (24) 62739445
+84 (24) 62739532
Fax:  
E-mail: mlavietnam@moj.gov.vn
haguevietnam@moj.gov.vn
General website: https://moj.gov.vn/tttp/tintuc/Pages/tuong-tro-tu-phap.aspx
Contact person: Ms Pham Ho Huong, Deputy Director of International Law Department
Languages spoken by staff: Vietnamese, English

 

Practical Information

Blocking statutes:

The provision of information relating to state secret is limited and must be authorized by the competent authorities (Article 16 Law on State Secrets Protection 2018). In addition, the provision of information relating to working secret of governmental entities or organization is also limited.

The provision of the above-mentioned information without permission may contribute to crimes in the Penal Code (Articles 337, and 361 of the Penal Code).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Outgoing Letters of Request are sent from a judicial authority in Viet Nam to the Ministry of Justice, which transmits them to the Central Authority of the requested State.
Incoming Letters of Request from foreign authorities are received by the Ministry of Justice, which transmits them to the local court for execution.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
The Ministry of Justice (the Central Authority) will provide notice to the parties and their representatives if so requested. To accelerate the process of notice, it would be better if the email addresses of the parties and their representatives are included in the Letter of Request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into Vietnamese language.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Viet Nam seeks payment of costs under Articles 14(2).
Time for execution: On average, the time for execution a Letter of request is approximately 6 months since the date the local court receives the Letter of request and attached documents.
Pre-trial discovery of documents
Art. 23):
Qualified declaration.
Information about domestic rules on the taking of evidence:  Key provisions
Civil Procedure Code 2015
http://vbpl.vn/FileData/TW/Lists/vbpq/Attachments/96115/VanBanGoc_92.2015.QH13.P1.pdf (Vietnamese only)
Law on mutual legal assistance 2007
http://vbpl.vn/botuphap/Pages/vbpq-toanvan.aspx?ItemID=26995&Keyword= (Vietnamese only)
Joint Circular 12/2016/TTLT-BTP-BNG-TANDTC
http://vbpl.vn/botuphap/Pages/vbpq-toanvan.aspx?ItemID=115548&Keyword= (Vietnamese only)

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? The Letter of Request must provide sufficient details so that the judge can understand and execute the request. Thus, it would be better if both the questions to be asked and the list of matters to be addressed are provided.
Is it a public or private hearing? Usually, the judge will make an arrangement to take evidence at the courthouse or at the address of the witness. So it is seldom an opportunity for unrelated parties to be aware of or to attend the process.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Yes, especially when the witness provides the information by a written affidavit (they write down their answer for the provided questions)
Are documents produced by the witness authenticated by the court? No, however the written affidavit of a witness made in the courthouse may be certified by the court if the witness so requests.
Is an oath generally administered to the witness? No, but the witness has to take an affirmation (He/ she has to commit himself/ herself to fulfill the obligations of the witness. The affirmation does not apply to a minor witness who is less than 18 years old).
Can the witness be made subject to further examination and recall? No. However, if recall is needed for additional testimony, a second request will have to be provided.
Are there sanctions for non-appearance of witness? The court may order administrative fine on the witness.
Must interpreters who assist with the witness examination be court-certified? No. The interpreter is capable of interprete foreign language into Vietnamese and vice versa. If a party or both parties choose an interpreter, the court will accept their choice or the court may rely on interpreters who have experiences in previous cases.
How is the testimony transcribed? Usually, one person can choose between written affidavit or deposition (the testimony is written by the court clerk or the judge).
Verbal testimony can also be transcribed by other methods if it is feasible and requested by the foreign authorities. However, these methods may cause some costs.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Declaration of non- applicability
Article 16 Declaration of non- applicability
Article 17 Declaration of non- applicability
Article 18 Declaration of non- applicability

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links? No. However, until now there is no domestic provision on this issue, thus, the execution of the request by video-links may face some practical difficulties.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? There is no provision under Vietnamese law prohibiting a witness to voluntarily submit to an international video conference in which his or her testimony will be obtained by a foreign court or foreign litigators (if their testimony does not violate the legal limitation as described above). The Civil Procedure Code allows the Vietnamese court to compel the witness to be present before the Vietnamese court. However, the Vietnamese Central Authority is aware of no Vietnamese law that would permit a court to compel a witness in Viet Nam to provide such testimony before a foreign tribunal or proceedings.

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements Bilateral Agreements on mutual judicial assistance in civil and commercial matters: Slovensko - Czech and Slovakia succeed (12 October 1982); Cuba (30 November 1984); Bulgaria (03 October 1986); Poland (22 March 1993); Lao PDR (06 July 1998); Russian Federation (25 August 1998); People's Republic of China (19 October 1998); France (24 February 1999); Ukraine (06 April 2000); Mongolia (17 April 2000); Belarus (14 September 2000); North Korea (3 May 2002); Chinese Taipei (12 April 2010); Algeria (14 April 2010); Kazakhstan (31 October 2011); Kingdom of Cambodia (21 January 2013); Hungary (10 September 2018).
Useful links: http://vbpl.vn/Pages/danh-sach-dieu-uoc.aspx?DULinhVuc=9 (Vietnamese only)
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Partes não Membros da Organização

Barbados

Barbados - Autoridade Central (Art. 2)

the Registrar of the Supreme Court of Barbados

Colômbia

Colômbia - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministerio de Relaciones Exteriores

Contact details:

Address: Ministerio de Relaciones Exteriores
Dirección de Asuntos Migratorios, Consulares y Servicio al Ciudadano
Carrera 5 # 9-03
Bogotá D.C.
COLOMBIA
Telephone: +57 (1) 381 4000
Fax: +57 (1) 381 4747
+57 (1) 561 1796
E-mail: fulvia.benavides@cancilleria.gov.co
lina.castillo@cancilleria.gov.co
General website: www.cancilleria.gov.co
Contact person:

Embajadora Fulvia Elvira Benavides Cotes
Directora de Asuntos Migratorios, Consulares y Servicio al Ciudadano

Lina Castillo Bedoya
Coordinadora Grupo Interno de Trabajo de Asuntos Consulares y Cooperación Judicial

Languages spoken by staff: Spanish / English

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
 
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration.
Translation requirements
Arts 4(2) and 33):
No declaration.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
No declaration.
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?  
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 No declaration of applicability

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Kuwait

Kuwait - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice

Contact details:
Address: The State of Kuwait
Ministry of Justice 
International Relations Department
Ministries Complex , Building No 14
P.O. Box 6, Safaat 13001
Kuwait City
Telephone: +965 2247 6381
+965 2248 6367
Fax: +965 2244 2475
E-mail: ird@moj.gov.kw
General website:  
Contact person:  
Languages spoken by staff: Arabic, English

Practical Information
Blocking statutes:  
Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State. 
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): - Judicial authority competent to execute the request
- Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration.
Translation requirements (Arts 4(2) and 33):  No declaration.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): No cost.
Time for execution: 4-6 months.
Art 23 pre-trial discovery of documents: No declaration.
Information about domestic rules on the taking of evidence:   
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? No specific questions.
Is it a public or private hearing? Private hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Each request is studied separately from others.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? At the request of the competent authorities of the requesting State.
Are there sanctions for non-appearance of witness? No.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? It is made in writing.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 No declaration of applicability
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  
Chapter II
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
Bilateral or multilateral agreements  
Useful links:  

(This page was last updated on 28 July 2014)


Liechtenstein

Liechtenstein - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Fürstliches Landgericht
(Court of Justice)
 

Contact details:

Address: Spaniagasse 1
9490 Vaduz
Fürstentum Liechtenstein
Telephone: +423 236 61 11 
Fax: +423 236 65 39
E-mail:  
General website: www.gerichte.li
Contact person:  
Languages spoken by staff: Deutsch, English 

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: postal
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Fürstliches Landgericht
(Court of Justice)
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Members of the requesting judicial authorities who are involved in the proceedings of a Contracting State may be present at the execution of the request for mutual assistance, provided that they have received the prior authorisation of the authorities responsible for the execution. 
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
The Principality of Liechtenstein recognises the right to refuse to testify and the prohibition of testifying to which a person is entitled under the law of his or her home state.
Translation requirements
Arts 4(2) and 33):
The mutual legal assistance requests and annexes thereto must be issued in German or accompanied by a translation into German. The confirmation of execution is written in German.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
Requests for mutual legal assistance involving a "pre-trial discovery of documents" procedure will not be executed.
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Specific questions are generally advantageous.
Is it a public or private hearing? In principle, hearings in civil cases are public.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? In principle, yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? The invitation to appear as a witness lists the subjects to be examined.
Are documents produced by the witness authenticated by the court? No
Is an oath generally administered to the witness? No
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? Yes
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? Written protocol.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 The taking of evidence within the scope of Articles 15, 16 and 17 requires prior authorisation by the Government of the Principality of Liechtenstein.
Article 16  
Article 17  
Article 18 No assistance by means of coercive measures shall be given to diplomatic or consular representatives or delegates exercising their functions in accordance with Articles 15, 16 and 17.

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

Seicheles

Seicheles - Autoridade Central (Art. 2)

The Central Authority which will undertake to receive and transmit letters of requests to the executing authority:

Ministry of Foreign Affairs and International Co-operation of the Republic of Seychelles
Maison Queau de Quinssy
Mont Fleuri
Victoria
Mahé
P.O. Box: 656
Telefax: +248 4 22 48 45
E-mail: mfapesey@seychelles.net
E-mail: wbell@mfa.gov.sc

(This page was last updated on 14 September 2006)

Seicheles - Autoridade competente (Art. 25)

The Competent Authority to execute Letters of Request:

Supreme Court of Seychelles
Supreme Court Building
Victoria
Mahé
P.O. Box: 157
Telefax: +248 4 225 874
E-mail: judiciary@seychelles.sc
Email: wbell@mfa.gov.sc

(This page was last updated on 14 September 2006)